Do I have a medical malpractice claim? Nine pound ovarian cyst!?

by **ealahweemah72** » Thu Mar 31, 2011 3:45 pm

I went to my general practitioner on a Tuesday complaining of pain on my left side that had kept me out of work for several days. I explained that I had an appointment with an OB/Gyn in three weeks and that I thought the pain was due to an ovarian cyst, which I have had before. She did not do an exam of any kind, she did not do a pelvic or feel my belly. She did give me a prescription for pain killers, tell me that her office would schedule an ultrasound, and tell me that I needed to go to work the next day. Less than 48 hours later, I was in the ER screaming in pain, even with morphine. I was transferred to a larger hospital, kept overnight and had to return for surgery. The ER was a nightmare- two hospitals, 14 hours, and unbelievable pain. The pain was due to a NINE pound ovarian cyst that had twisted on its self three times. If my doctor had done any kind of exam or ordered the ultrasound as she had said (there was a misunderstanding between her and her staff and the test was not ordered), I would probably have not ended up in the the ER in such pain and would have received surgery sooner. Should I sue the doctor for malpractice for failure to diagnose and for pain and suffering? Do I have a case?

by **matyas** » Thu Mar 31, 2011 3:49 pm

Huh, you had an appointment in 3 weeks with an ob/gyn and the general practitioner (was this a clinic or at a hospital?) made an appointment for you to get an ultrasound? When was the ultrasound scheduled? Why did you decide to go to the general practitioner if you already had an appointment with the ob/gyn? I mean if the pain was so severe shouldn't you of went to the hospital?

I'm confused. Just because the doctor orders an ultrasound doesn't mean that you will necessarily get it ASAP. Sometimes yes, but sometimes not. Hospitals are cutting back, and that means having one tech on call to do tech work at night or maybe 2 on days. It sucks but it is true.

by **demarco** » Thu Mar 31, 2011 3:55 pm

Possibly. Cut and paste this, print it out, and ask a lawyer to look it over.

by **bing49** » Thu Mar 31, 2011 4:08 pm

maybe but not surely

by **roche** » Thu Mar 31, 2011 4:16 pm

Sounds like socialized medicine.

by **yehudi** » Thu Mar 31, 2011 4:22 pm

Sounds like socialized medicine.

sounds like a case for Dr. House

by **benon** » Thu Mar 31, 2011 4:45 pm

Even if the doctor had ordered the ultrasound, and was immediately able to diagose a cyst, there is still no way the doctor would have been able to schedule you for surgery in less than 48 hours. So, even if the doctor had done every test in the book, it appears you still would have ended up in the ER.

by **jorel** » Thu Mar 31, 2011 4:48 pm

Hard to say....you received treatment on time, and luckily, you survived.
Next time, with that much pain, demand to see another doctor, right THEN.

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