Visitor Question

ER discharged me with severe neck and chest pain?

Submitted By: Anonymous (Jacksonville, Florida)

I went to the emergency room with severe neck and chest pain. The ER doctor quickly looked me over and told me I had a pinched nerve in my neck. I was given Motrin for pain and sent home.

A day and a half later, I was back in the same ER suffering from the same symptoms, just twice as bad. It was a confirmed heart attack. The ER doctor (2nd time) saw what was happening and had a stent put in my heart.

Do I have a case of medical malpractice since the first doctor did not perform all proper tests, which likely caused me to have the heart attack? Or at least could have likely avoided it? Is there anything I can do? Thank you.

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 Anonymous,

Medical malpractice can be difficult to pursue for many reasons.

First, it can be extremely difficult to prove:

  1. The doctor, in fact, did something wrong under the circumstances, i.e. his or her actions fell below the “standard of care” that should have been provided.
  2. These actions (or inactions) actually caused the injuries, or could have prevented them.

Second, due to the difficulties in proof and causation, these cases are extremely expensive to pursue. They require hiring your own expert witnesses to review the extensive records and provide the expert opinions you need to prove your case.

Because of the high costs, the only viable medical malpractice cases to pursue are those where the injuries are catastrophic, ongoing or permanent.

In a case like yours, while a heart attack is obviously a serious condition, in the event you made a full recovery, there may not be an economically practical malpractice claim to pursue.

It’s necessary for you to meet with an experienced medical malpractice attorney to review the specifics of your case. Only after reviewing all the details will your attorney be able to say if you have a viable med mal case.

Learn more here: ER Malpractice Lawsuits

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 888-972-0892.

We wish you the best with your claim,


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