Visitor Question

Emergency surgery required due to missed diagnosis…

Submitted By: Tara (Brownsville, PA)

I went to the ER several times for stomach pain. I was told that I had a urinary tract infection. I had a fever associated with the stomach pain and I was given pain medication for the unknown pain. I went back to the ER several times in a 4-month span only to be told they couldn’t find anything wrong with me.

My last trip to the ER was in November 2012. I was vomiting bile and was then transported to another hospital where I underwent emergency surgery. I had to have my bladder and intestine repaired and had to have a full hysterectomy. I also had my appendix removed. I spent nine days in the hospital because I wasn’t properly treated. I lost so much weight.

The surgery saved my life. I say that because the hospital told my mother that if I wouldn’t have went back to the ER I would’ve died.

Isn’t the first ER responsible for not diagnosing my condition the multiple times I went there? It surely got much worse because of the delayed treatment, not to mention I had to undergo serious surgery and have permanent changes done to my body? Can I sue them for medical malpractice?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Tara,

The hospital in whose emergency room you were initially treated my be liable for your injuries and related damages. That might include your additional hospital bills, out of pocket expenses for medications, hospital parking fees, etc. In addition, the hospital may be responsible for any lost wages as a result of your additional medical treatment and hospitalization. Finally, the hospital may be responsible for the pain and suffering you unnecessarily endured.

A case involving doctors and hospitals should always be handled by a personal injury attorney with substantial experience with medical malpractice cases. A non-lawyer should NEVER attempt to represent themselves in a medical malpractice case. Doing so is a guarantee of losing the case.

Most personal injury attorneys don’t charge for initial office consultations. Do some research and visit with several until you find one with whom you feel confident.

In the interim don’t speak with any insurance company people representing the hospital. And certainly don’t sign any documents until such time as an attorney has had a chance to review the documents and advise you.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 27, 2013

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