Can I sue for malpractice if a medical condition went undiagnosed after 8 visits to the ER?

UPDATED: Feb 4, 2011

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Can I sue for malpractice if a medical condition went undiagnosed after 8 visits to the ER?

I started having severe back pain and went to the emergency room. They said that it was my syatic nerve and sent me home. The pain never stopped; it was 24/7. I went back to the same ER and they did 1 X-ray.  They said it was nothing but the pain got worse. I went 8 times in 2 months to the same ER – no help. Finally on the 9th trip I went to a different hospital. They drew blood and did a cat scan and found infection in my spine. Ithen had emergency surgery to remove staff from my spine. It all could have been avoided if they’d just ran a simple blood test in the beginning. I still need surgery. Should I speak with a malpractice attorney? In Cherokee, TX.

Asked on February 4, 2011 under Malpractice Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, you should speak with a medical malpractice attorney in your area as soon as you can.  You have what is referred to as a "failure to diagnose" case but they can be even more difficult to prove than "regular" medical malpractice cases.  Some states require that a docitor "certify" the case before you can even place it in to suit by stating that the actions were not standard in the industry or that they were against practiced principles - whatever the language requires.  You definitely have resulting damages from the failure to properly diagnose the problem and pain and suffering.  And you have future operations and pain and suffereing (damages). Good luck. 

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