Should I file an complaint? Or medical malpractice

UPDATED: Oct 2, 2022

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Should I file an complaint? Or medical malpractice

About 3 weeks ago, I went to the emergency room complaining pain in the lower right quadrant/pelvic area of the abdomen. The pain was accompanied by vomiting and constipation, I was unable to physically move and needed to be carried. I have a history of reproductive health complications and ovarian cysts bursts. I was only given a CT scan and was told I there was nothing wrong with me other than a 6 cm cyst and that my complaints were not acute enough for a ER physician to deal with and sent me to follow up with my OBGYN. I was never given an ultrasound or any diagnostic tests regarding my ovaries. I was sent home with reoccurring pain and was unable to move. I meet with my OBGYN and scheduled a laparoscopy 3 weeks later. My OBGYN found that suffered from an ovarian torsion and had no choice but to remove my right ovary. It would have been prevented and my ovary could’ve been saved if the ER performed an ultrasound rather than just a CT. Is possible for me to file a complaint with the Hospital?

Asked on August 29, 2019 under Malpractice Law, Alabama


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the hospital, it may be possible to settle the case with the hospital's insurance carrier. Your claim filed with that insurance carrier should include your medical bills, medical reports and documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports document your medical condition and treatment, and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the hospital's insurance carrier, no lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file a lawsuit for negligence against the hospital.
If the case is not settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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