Do i have a case???

This is a discussion on Do i have a case??? within the Accidents and Injury Law Questions forums, part of the Legal Questions & Answers Forum category; I recently found out i have an umbilical hernia and 2 ingunal hernias in which i went to er and was never told. First one was diagnosed on 10/31/2011 in ...

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  1. #1
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    Do i have a case???

    I recently found out i have an umbilical hernia and 2 ingunal hernias in which i went to er and was never told. First one was diagnosed on 10/31/2011 in a ct scan and i could have filed a workers comp case. Now i have been laying in bed for 6 months living on pain medication. Is this grounds for medical negligence/ malpractice?


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    jpguerrero,
    It sounds like you are thinking that if a hernia had been diagnosed by the hospital, you would have successfully prosecuted a worker's comp case. If I were the Hospital's attorney, I would be pointing out that the hospital did not cause your hernias. I would also be curious about the worker's comp claim. To collect on a worker's comp case, you have to be able to show that the injury occurred while you were in the course and scope of your duties, usually at work. It is not automatic that you would have been successful.

    Medical Malpractice cases are notoriously difficult to evaluate. You would be well advised to contact a medical malpractice attorney in your county and get his or her opinion as to whether your case is worth pursuing.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

  3. #3
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    what im trying to say is that if the hospital would have explained i had the first hernia then it would have been taken care of in the proper manner and not causing me to not being able to work and endure the pain that im in with 3 hernias. but i am indeed looking into workers comp as well.

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    You can also have a look at the legal directory here of medical malpractice lawyers. If you click on your state and city, you'll find a list of injury attorneys, and many of these will specialize in medical malpractice. Have a look! Let me know how it goes I'd like to be of help wherever possible!
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.


 

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