Patient was hospitalized with life-threatening bleeding disorder. During followup visit in gyne's office patient was offered metabolism testing. Patient was told by doctor to return to waiting room and as soon as room with testing equipment was vacated doctor would see her and discuss follow-up plan. 45 minutes later, patient was told she would have to reschedule since there were 6 people ahead of her for the testing procedure and a nurse would do the metabolism testing when she returned. Patient's ovaries are chemically shut down and without treatment plan in place, will end up with life-threatening hemorraghing in 4-6 weeks when injection wears off. Doctor has now dismissed patient due to billing discrepancies and request for payment plan (patient has been hospitalized 9 times this year)
This is difficult to assess without more information about the particular bleeding disorder and any consequences that might arise from a delay in testing. That having been said, the biggest stumbling block here is that this scenario describes potential harm, but not any hard that has already occurred. The law requires that the patient suffer actual harm for there to be malpractice. It's not enough that harm might happen, or that it could have happened. If the patient in this case gets the testing, and there is no harm because of the delay in testing, then there would probably not be malpractice.
For a more detailed analysis, you will need to contact an attorney who specializes in malpractice and discuss with that attorney the details of the medical treatment. It will be important to describe the bleeding disorder, the treatment being given now, the purpose of the testing, and the harm that will occur if no treatment is given.
Medical malpractice law comes right out and says that malpractice requires more than a bad result, but in fact requires a demonstration that the care given to the patient fell below the average standard of care and directly caused injuries. Without any delay you should retain a personal injury attorney. The reason is that personal injury attorneys almost always give a free consultation. The insurance industry’s own statistics indicate that the value of a claim as much as doubles after an attorney becomes involved. So, the attorney will earn his or her fee. You also want someone who has handled cases like yours before so that you do not miss anything important in putting the case forward.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.
You must prove actual damages. The possibility that some harm might happen is insufficient and a medical malpractice case would be dismissed. But, first things first. In Illinois, a medical doctor must review and swear that a cause of medical malpractice could exist before you may even file a lawsuit. So..... that is your first step. Have a medical doctor hear and consider your situation to see if in a professional's medical opinion you might have a case.
From what you posted, I do not think so.
