AboutGlenn A. Dorfman Expertise Twenty-four years experience in personal injury, medical malpractice and medical product liability law. Practice currently concentrated on the diet drug (fen-phen) litigation. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation.
Question My wife (early 30's) went to the emergency room for severe
abdominal pain. After two hours of analysis, an IV
administration of pain and nausea medication, she was
released and sent home (not admitted). The attending
physician told us that he thought her medical condition was
a result of gall stones (as indicated on release paperwork),
however, this was not confirmed by a CT scan. The reason for
not performing the scan was because the physician did not
want to call in a CT technician at 3AM. At the time of
analysis, my wife had elevated white blood cell counts (as
recorded in her blood work results provided to us),
indicating an infection was probably present (Is infection
typical for gall stones?). She was not administered
antibiotics nor given a prescription for them even though
her cell count was high. These failures (not admitting my
wife with severe abdominal pain, not administering
antibiotics, and not ordering an immediate CT scan) appear
to be medical malpractice, are they? At 830AM the same day,
my wife returned to the ER because her severe abdominal pain
had returned after the IV pain medication wore off. After
an additional several hours of analysis in the ER her
medical condition was still unknown and she was transferred
to a better local hospital (same owner/operator). Upon
analysis at the better hospital (CT scans et al), it was
found that my wife had a perforated ulcer in her duodenum
and was given IV antibiotics and pain medication to treat
her serious medical condition. Furthermore, she remained
hospitalized for four (4) days. Due to the severe condition
that my wife was in upon her first visit to the ER, and the
misdiagnosis by the attending physician, is this medical
malpractice? My wife had elevated white blood cells and was
not treated for this condition nor was she monitored
correctly with appropriate time and tests to properly
diagnose her condition. This caused undue stress to her and
exacerbated her condition.
Answer There may have been a failure to meet the "standard of care" at the visits to the ER and therefore, yes, malpractice may have been committed. However, a malpractice lawsuit is always difficult, always defended vigorously, and therefore always very expensive. Therefore, there needs to be a high level of damages. I realize you are angry, your wife went through more pain and suffering than she should have, but "stress" and exaccerbation of her condition just won't make a successful case......unless of course the delay in diagnosis caused severe and long term harm which I presume is not the case. So, yes, there may have been malpractice but no, it is not a viable case. That is my best opinion based on the information provided. Hope this helps.
