Medical Malpractice Imaging center negligence

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jrinva

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I was recently referred to an imaging center by my family physician for suspicion of appendicitis. A CT Scan confirmed that I had acute appendicitis.

I was placed on the phone with my physician who relayed to me the news and my instructions. During the phone conversation with my doctor the nurse at the imaging center left the room. My doctor informed me that "we need to get you to the hospital as soon as possible for surgery." I was alone in the room at this time. My doctor continued saying he was going to arrange for a surgeon to meet me at the hospital. I said "ok" and the phone call ended. I should add that during the time I had been at the imaging center I had made it known I was in severe pain.

I left the room and headed for the door. I found the nurse and asked her if I was ok to go. She said yes.

I climbed into my truck and headed for the hospital. I made it about 300 yards before I passed out at the wheel. Shortly after passing out my truck struck a large tree. My truck continued to plow on and I eventually came to rest against the local BB&T bank.

When I regained consciousness I found the cab full of smoke. All of the air bags had deployed. I managed to climb out of the driver side window when a bank employee arrived and helped me inside. They called 911 and I eventually made it safely to the hospital and had an emergency appendectomy that night.

My truck is totaled, however I sustained no major injuries in the wreck. My insurance company (a very reputable longstanding company) offered less than trade in value for the truck, which happens to be my work truck.

I realize I have no damages from the wreck other than a sore back, sprained ankle, air bag burns and a mild concussion.

I was told by many doctors and nurses during my hospital stay that the imaging center's actions were clearly negligent. You don't send a patient on his own to the hospital for emergency surgery. They said it is cut and dry.

I contacted two separate firms and they both declined to take the case, saying my injuries don't justify the time. They both agreed the imaging center was negligent, but the damages did not justify their time. I completely understand that. So my question is, is there anything a guy can do on his own? I just want my vehicle replaced.

Thanks
 
I'm very sorry to hear what happened to you and I'm glad that you're okay. Yours makes for a difficult case. I can't say what the conversation was nor whether the hospital might even claim that they were under the impression you would take a car service, etc. Let's assume for the moment that you might have a case. Apparently your injuries might not include any soft tissue damage, which are practically the golden keywords for personal injury lawyers who specialize in auto accidents. So now we're talking about property damages.

So how much is the truck worth? How much was offered? What's the difference? If we're talking about $7,500 less in the deficiency, I'm guessing that you probably would do best taking the case to small claims court. It's much more informal and easier for plaintiffs to prosecute a claim without an attorney and minimal discovery (collection of evidence using different legal methods.) You will probably want or need to send a demand letter to the hospital first with regard to making a claim on the truck, demanding that they compensate you for the difference between the truck value and what was paid by the insurance company. Don't forget to include any and all medical expenses you may have additionally incurred. If they refuse (as they probably will), that's when you can go to court. Until you make a demand, there is no dispute.

I cannot tell you what to do in your case without reviewing all the facts of your case. What I'm stating above is what I might do knowing the limited set of facts in your case - and they are limited. Best of luck.
 
Thanks for the advice. The truck was worth $45,000 (before I ran it into a tree and a financial institution) based upon several comparables found on the market and using the Kelley Blue Book. The insurance company offered $32,000.

I am thinking the best course of action may be through the insurance company, or maybe even just being thankful I am alive.
 
Your accident was regrettable.

The professor's advice was spot on, but I'll throw in my two pennies worth, too.

I do hope you get well and make a full recovery.

Before you do ANYTHING, and ONLY AFTER YOUR ATTENDING PHYSICIAN says it okay, I suggest you speak with a personal injury attorney.

Let him or her evaluate your case.

many will meet you at your home or visit you in the hospital.

Don't worry or fret, UNTIL you have had at least two consultations with two attorneys of YOUR choosing.

Then make a decision which best indemnifies and pleases you.


Be prepared to hear the question, why didn't you call "911', or ask the center to call "911" for you?

You need not answer that here, but you should be prepared to answer that later.

Trust me, it will be asked.

Until you have spoken with an attorney (or two), you'd be best advised to provide only name, address, date of birth, and your insurance carrier.

Patience is your friend.
 
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Thanks army judge. I appreciate the advice.

"Why didn't you call 911?"

"Well, I had no idea I could lose consciousness and I was just told I needed emergency surgery. I was then discharged by a nurse and told I was ok to go."

Coincidentally, the hospital's fact sheet listed "sudden loss of alertness or consciousness" as a symptom of acute appendicitis. So a medical professional obviously knew that was a possibility.
 
Ok, then that would be your answer/reason as to why you didn't call 911.
 
Thanks army judge. I appreciate the advice.

"Why didn't you call 911?"

"Well, I had no idea I could lose consciousness and I was just told I needed emergency surgery. I was then discharged by a nurse and told I was ok to go."

Coincidentally, the hospital's fact sheet listed "sudden loss of alertness or consciousness" as a symptom of acute appendicitis. So a medical professional obviously knew that was a possibility.

Did you READ my post?

If you READ my post, did you comprehend it?

Please, please, please; for YOUR benefit, do NOT engage in this here.

Collect your thoughts, prepare an answer, but discuss it with your lawyer.

What you're doing could draw UNWANTED attention to your actions.




Sent from my iPad3 using Tapatalk HD
 
Hi folks. Me again.

There has been a change in status since I last posted. It turns out that I sustained a significant brain injury. I was never clinically tested for a concussion after my accident. The doctors were preoccupied with my appendicitis, which is understandable.

I returned to the doctor today for a follow up after I reported to them that I have not slept since the surgery. At the most I have grabbed 2 hours with the help of pain killers. Since stopping my pain killers I have not slept, at all, in over 48 hours now.

I was asked more questions by the doctors concerning my car accident. The ENT records indicate that following the crash I could not recall my age, I could not operate my phone, I could not recall my home phone number, I could not repeat simple instructions, became ill twice in the bathroom and could not read caller ID on my phone. I also fell several times waiting for the ambulance. All of these are classic symptoms of a significant brain injury.

During the exam today it was also found that I have pain when looking upwards. X-rays revealed two sprains (cervical and i forget the other) and muscle spasms.

I continue to have issues with concentration, balance and vision. I had attributed this to my lack of sleep (also an indication of brain injury), but now the concern is post concussion syndrome.

I have been advised that driving could be an issue and I should exercise extreme caution. This isn't good because I am a traveling salesman, but I don't have a car to travel in anyways.

So my question is, would this change anything concerning my damages in your opinion? I know army judge advised that I should pursue this anyways, but before I could not even get an ear. I never made it past the "consultants".
 
Definitely it "could" - you really do need to talk to a personal injury attorney as suggested by army judge.
 
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