If 2 weeks ago I went to the ER and received a shot for a migraine but since then I have had severe back pain that has progressed, what kind of legal action, if any, can I take?

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If 2 weeks ago I went to the ER and received a shot for a migraine but since then I have had severe back pain that has progressed, what kind of legal action, if any, can I take?

Asked on August 29, 2015 under Malpractice Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The first thing you need to do is take care of your self--that's more critical than any legal action. And since the second thing you need to do is to find out if the migraine shot caused your back pain, or if the ER failed to diagnose and treat something which they should have--since only if the ER did something wrong, or negligent medically careless or improper, might you have a legal claim, you have another reason seek further medical care. Right now, you seem to be assuming that the shot caused your problem or that the ER otherwise did something wrong but an assumption has no legal value or weight whatsoever. Only if there is medical reason e.g. a doctor's diagnosis to think that the ER's actions or failure to act i.e. failure to do what it should have done caused you harm might you have grounds for a legal claim. So seek medical help, speak to another doctor or doctors, find out what happened and why...then you can think about whether you have a legal claim against the ER.


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