Health benefit claims
Mother started having headaches and feeling very weak, she was having alot of pain in her chest and couldn’t breathe. She has a history of Manic Depression. She ended up in the emergency room on several occassions and her Dr. told her that she needed to up her dosage of anti-depressants, he told her that it was all in her head. After another month of returning to the ER her Dr. discovered her sodium levels were very low. He continued to tell her that it was in her head and advised other Dr.s in the hospital not to admit her, she was imagining this sickness. She finally after 2 months got a Dr to send her to Ohio State University Hospital and within 2 days they found a tumor 12″ long, 6″ wide and 4″ thick in her chest, and she had small cell carcenoma in her bone marrow.
She has gone thru hell because this Dr. refused to believe that she was sick. Is this grounds for a suit?
Answer:
Get an attorney. This will all come down to documentation in the medical record. The information you relate, IF well documented in the record, is more than enough to satisfy the requirements of negligence. After obtaining your mother’s records and having them reviewed by an expert, and if they document negligence, your attorney will then discuss with you his opinion on the likelihood of being successful and whether the amount of damages you might expect to recover justify filing suit. Unfortunately medical malpractice comes down to whether the expense of the lawsuit is justified by the recovery.
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