Full question:
My daughter 22 years old has a mental illness and was having horrible pain on her stomach, many times to emergency room, drs. visits, sometimes they admistired drugs for pain, and sometimes they didn't, they were thinking she wanted to get high, did all the regular test in emergency room, until finally the specialist surgeon perform special test called HIDA, and find out her gallbladder wasn't working properly and it was the reason of the pain, she suffered a lot for not been believed and going from one hospital to another one, been accused of trying to get high, (didn't have a record of drug/alcohol at all), now Dr. remove gallbladder, can we sue for medical malpractice that emergency room had the HIDA test and get compensation for her suffering?
- Category: Civil Actions
- Subcategory: Medical Malpractice
- Date:
- State: Colorado
Answer:
It may be possible to pursue a medical malpractice claim if a delay in treatment worsened your daughter's condition and prolonged her suffering. Medical malpractice occurs when a healthcare professional fails to meet the accepted standards of practice, resulting in harm to the patient. Expert testimony is often required to establish whether the standard of care was met.
The standard of care is determined by how similarly qualified practitioners would manage a patient's care under similar circumstances. While standards were once considered local, they are now often viewed as national due to the availability of information and credentialing. However, in isolated communities, local standards might still apply.
Many malpractice cases involve failure to diagnose or treat a condition properly. If the emergency room doctors should have ordered the HIDA test sooner or misinterpreted test results, this could be grounds for a claim. To seek damages, you must demonstrate that the delay in treatment worsened her condition due to a lack of timely care.
In cases of malpractice that lead to death, separate claims can arise for personal suffering prior to death and for monetary loss to the deceased's family. Defendants in malpractice cases may argue that the injury was not caused by their actions or was due to a pre-existing condition.
Determining whether the standard of care was breached will require a medical professional to review the medical records. Medical malpractice cases can be complex, so it’s advisable to consult a local attorney specializing in this area. Many attorneys offer free consultations and may work on a contingency basis.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.