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ohhbob

Is this Malpractice?

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I had an EKG done in March 2016, and the Cardiologist told me all is well, it looked normal and not worry.  He didn't seem concerned about my questions about shortness of breath, and my left arm feeling heavy when I exercised, and only seemed interested in talking to me about the latest cholesterol lowering drugs.  Two months later I had a sextuple bypass.

After I had left the office, I was angry that my concerns weren't listened to and he only wanted to talk about drugs.  The next day, I was also able to see the results of the EKG that did indeed say some abnormality was present.  So I went and sought a second opinion from another practice that included another EKG, Stress test and Echocardiogram that did indeed show some "Area of Concern". I brought this back to the first practice - albeit with a different Doctor - and he agreed, yes, this should be looked into further.  We scheduled an Angiogram so see what's going on, and after that they recommended the bypass.

Now some back story - I had a heart attack in 2003, and two stents put in at the time.  I had started seeing this first Cardiologist regularly after this.  Two years later in 2005, after an abnormal Stress test, I ended up having three more installed.  For the first few years after the heart attack, I worked with this Doctor trying every cholesterol medication available, but I cannot tolerate them. After a few more years, I was always told my EKG's were normal, my heart had healed to the point where the previous heart attack was almost indiscernible, and even though my cholesterol was high, I was very healthy.

I understand his desire to see me on a medication I could tolerate, but the fact that he ignored my concerns about symptoms, and given my history, and  the EKG report, I have a few questions:

 

1) Is this considered Malpractice?
2) Considering I was proactive in my own care, is this considered Delay of Care?
3) Is this a worthwhile case to pursue?
4) Is it likely that if pursued, legal or not, I'd pretty much be blacklisted from this hospital and/or medical practice?

 

Thanks in advance...

 

Bob

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I'll answer your questions by saying this:

 

You would have had to have had the sextuple bypass anyway so the best you can possibly hope for in a lawsuit is a refund for what you paid the dips--t doctor.

 

You are welcome to consult a medical malpractice attorney for a second opinion as I wouldn't want you to give up a big payday based on my dips--t opinion. :D

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Is this a worthwhile case to pursue?

 

Seriously?  Even if malpractice did occur, how do you think you were harmed?  You quickly sought and obtained a second opinion that confirmed your suspicions and received treatment.  You can complain to the state licensing board, but you certainly have no legal claim to pursue.

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So as I understand it, if I were to drop dead due to a misdiagnosis, my Widow could had pursued a wrongful death case.

But since I was self aware and diligent in my own care, there's nothing to be gained,

I came here for answers, and you provided them.  Thanks again...

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So as I understand it, if I were to drop dead due to a misdiagnosis, my Widow could had pursued a wrongful death case.

 

Correct.

 

 

 

But since I was self aware and diligent in my own care, there's nothing to be gained,

 

Yup.

 

Medical malpractice lawsuits are simply negligence lawsuits in which the defendant is a medical professional.  The point of negligence law is to compensate the plaintiff for damages suffered.  It is not to enrich folks who aren't harmed by negligence or punish folks who make mistakes that don't cause damage.  If you get drunk and drive negligently, you have been negligent.  However, if you don't injure me or my property, I have no basis to sue you.  It's no different in medmal cases.

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Is there a particular reason you aren't consulting local med-mal attorneys about a cade that would involve arguing that the SOL didn't begin to run until you knew-reasonably should know that doctor is idiot?

I for one am no medical professsional let alone cardiology expert and cannot sit here and claim that you would have had to have the sextuple bypass in 2016 if standard of care were met. (I also hope in your case that the specialist's care didn't depend on his faulty interpretative skills of other test results; it may be all was done in-house or with preferred labs that are culpable too.)

Get off internet except for purpose of scoping/checking out several skilled med-mal attorneys and book consults with them. Preferably firms with in-house professionals (folks with medical degrees).

Your fourth question as to doctor's practice is unintentionally hilarious, and I'm not at all sure why you'd care about being fired as a patient. I wouldn't go near that medical practice.

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Hi Bob,

 

Thanks for your questions and sorry to hear about your health concerns. As other users have said, an experienced medical malpractice attorney can advise you if the doctors actions were malpractice, and your likelihood of success/other outcomes if you pursue litigation. Our legal directory can assist you in finding a local medical malpractice attorney.

 

You can learn more about medical malpractice cases in these materials from our Learn About the Law Section:

Best of luck and keep us posted!

The FindLaw.com Team

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