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Is this malpractice, or gross negligence?

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Madashell47

Junior Member
What is the name of your state (only U.S. law)? Michigan

Before I start, I should note that although we are Michigan residents, this incident occurred in Ohio while visiting family for Easter.

My 25 year old daughter started experiencing abdominal pain late Thursday night. By Friday morning, she was crying out in pain. Her boyfriend took her to ER1. She told the doctor at ER1 her symptoms - severe pain that started in lower abdomen but was then from her lower abdomen up to her rib cage. She also had weakness, dizziness, nausea, vomiting, and shortness of breath. ER1 took blood and urine samples, and did x-rays. ER1 told my daughter that all of her labs came back "clean and healthy". They told her she had pulled muscles, gave her morphine, and sent her home with prescriptions for Naproxen and Flexeril.

Less than 10 minutes after leaving ER1, my daughter once again started screaming in pain (I was not there, this is according to her boyfriend - he said she was half sitting, half laying on the front seat of his truck screaming and crying, curled up in a ball). Her boyfriend decided he wanted her to have a second opinion, so he took her directly to ER2. ER2 also took blood and urine samples, and scanned her abdomen. Her hemoglobin was 7.3 (should be 11-12!!). Long story short - she had an ovarian cyst that had burst, causing a blood vessel in her ovary to rupture, which caused internal bleeding. They did surgery and removed 2 pints of blood from her abdomen, and cauterized the blood vessel that was bleeding. She was released on Sunday, and is recovering with family in Ohio.

This is something that could have killed my daughter if she had listened to ER1, gone home and taken the meds they prescribed for her and tried to tough out the pain. Can ER1 be held responsible in any way for their mistake?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Michigan

Before I start, I should note that although we are Michigan residents, this incident occurred in Ohio while visiting family for Easter.

My 25 year old daughter started experiencing abdominal pain late Thursday night. By Friday morning, she was crying out in pain. Her boyfriend took her to ER1. She told the doctor at ER1 her symptoms - severe pain that started in lower abdomen but was then from her lower abdomen up to her rib cage. She also had weakness, dizziness, nausea, vomiting, and shortness of breath. ER1 took blood and urine samples, and did x-rays. ER1 told my daughter that all of her labs came back "clean and healthy". They told her she had pulled muscles, gave her morphine, and sent her home with prescriptions for Naproxen and Flexeril.

Less than 10 minutes after leaving ER1, my daughter once again started screaming in pain (I was not there, this is according to her boyfriend - he said she was half sitting, half laying on the front seat of his truck screaming and crying, curled up in a ball). Her boyfriend decided he wanted her to have a second opinion, so he took her directly to ER2. ER2 also took blood and urine samples, and scanned her abdomen. Her hemoglobin was 7.3 (should be 11-12!!). Long story short - she had an ovarian cyst that had burst, causing a blood vessel in her ovary to rupture, which caused internal bleeding. They did surgery and removed 2 pints of blood from her abdomen, and cauterized the blood vessel that was bleeding. She was released on Sunday, and is recovering with family in Ohio.

This is something that could have killed my daughter if she had listened to ER1, gone home and taken the meds they prescribed for her and tried to tough out the pain. Can ER1 be held responsible in any way for their mistake?

Your daughter should have her medical records from ER1 and ER2 personally reviewed by a medical malpractice attorney. There could very well have been a serious failure on the part of ER1 in diagnosing and treating your daughter.

Thank goodness your daughter and her boyfriend were smart and went to ER2 for a second opinion.
 

adjusterjack

Senior Member
When it comes to claims against medical providers malpractice and gross negligence are the same. In other words, if a claim has any value at all, that value doesn't change if you call it one of the other. And nobody gets any money for what didn't happen.

The problem with your daughter's situation is that the outcome would likely have been the same if she had stayed at ER1 a little longer.

The cyst had already burst. ER1 didn't cause it to burst.

At best she might have a claim for a refund from ER1.

She is free to consult a malpractice attorney and see if there is any more to it than that.
 

Madashell47

Junior Member
Your daughter should have her medical records from ER1 and ER2 personally reviewed by a medical malpractice attorney. There could very well have been a serious failure on the part of ER1 in diagnosing and treating your daughter.

Thank goodness your daughter and her boyfriend were smart and went to ER2 for a second opinion.

I am so very thankful that my daughter's boyfriend took her to the second ER. My daughter can be quite stubborn (like me, I've heard ;) ), and she told him to just take her home, she didn't want to go to another ER. He pretty much told her to suck it up and deal with the fact that she WAS going to another hospital.

She's not looking to get rich from this, but I don't think she should have to pay ER1 for their crappy services. Her symptoms clearly pointed to something more than a pulled muscle.
 

quincy

Senior Member
I am so very thankful that my daughter's boyfriend took her to the second ER. My daughter can be quite stubborn (like me, I've heard ;) ), and she told him to just take her home, she didn't want to go to another ER. He pretty much told her to suck it up and deal with the fact that she WAS going to another hospital.

She's not looking to get rich from this, but I don't think she should have to pay ER1 for their crappy services. Her symptoms clearly pointed to something more than a pulled muscle.

I know it can be hard as a parent to trust another with your child's care. I think your daughter's boyfriend did everything right by insisting on another trip to the ER. His insistence could have saved her life.

I again believe that a personal review by a med-mal attorney is justified to determine if what the first ER did (or didn't do) could support a legal action.
 

Just Blue

Senior Member
I know it can be hard as a parent to trust another with your child's care. I think your daughter's boyfriend did everything right by insisting on another trip to the ER. His insistence could have saved her life.

I again believe that a personal review by a med-mal attorney is justified to determine if what the first ER did (or didn't do) could support a legal action.

If I were OP I would hope DD said yes to the up-coming marriage proposal. Guy's a "keeper". :)
 

ecmst12

Senior Member
Even though this is not really a lawsuit situation (which is a good thing, because it means she was treated and won't have permanent damages), she should absolutely file complaints with and about the first hospital. This is representative of a common and unfortunate problem in the medical industry, which is discounting women's pain as "normal" or "hysterical". If the first ER didn't do an ultrasound, that was especially negligent. Patients who experience this type of treatment need to speak up and let the hospital administrators know that this is absolutely unacceptable.
 

quincy

Senior Member
Even though this is not really a lawsuit situation (which is a good thing, because it means she was treated and won't have permanent damages), she should absolutely file complaints with and about the first hospital. This is representative of a common and unfortunate problem in the medical industry, which is discounting women's pain as "normal" or "hysterical". If the first ER didn't do an ultrasound, that was especially negligent. Patients who experience this type of treatment need to speak up and let the hospital administrators know that this is absolutely unacceptable.

A legal action could be possible to cover the medical expenses. There was an increase in costs of medical care and treatment possibly due to a failure of the first ER to correctly diagnose the cause of the pain. This resulted in the pain becoming a medical emergency.

I agree that the hospital administrators should be informed but I think an attorney review could be important first.
 

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