Calling OT legal experts: Medical Malpractice

One quick question for the OT legal experts.... do I have a case?

Back in late July I started getting sick. I had what felt like congestion in my chest like you'd get with a cold. I put off seeing a doc for a couple weeks until early August. That's when I first go to my local family doc and he informs me I've got asthma. He gives me some steroids and an inhaler.

Fast forward one month to the middl of September and my condition is not getting any better, in fact it's getting worse. I can't sleep at night, always short of breath, andcwhats worse, I've got serious swelling, especially in my feet. I've ballooned up to right at 255 lbs. I go back to our family doc and this time see his wife. She diagnoses me with pneumonia. She gives me more steroids and antibiotics and sends me home.

Over the next month between September and late October I keep getting worse. Things are getting serious. I make two trips to the local small town hospital emergency room due to trouble breathing and massive swelling in my lower legs and ankles. One one such trip my wife begs the ER doctor to admit me for tests and the doctor's reply was "I have no reason to admit your husband". Now keep in mind this Doctor was looking at all my vital signs and even had a chest x-ray on me. They still thought I was "getting over" pneumonia.

Finally, first week of November I'm in just terrible shape. Have not slept well in months, swollen as a tick, can't hardly walk due to shortness of breath. This was when a guy from my company sees me and says I look to him to be in congestive heart failure. He suggested I go to a cardiologist.

That Friday I do as he said and they immediately see I do in fact have congestive heart failure. They put me in the hospital and do open heart surgery as soon as I was strong enough to survive the surgery. The resin they were concerned about my survival was I had waited so long my organs (liver, kidneys, intestines) had basically shut down and they had to get them at least somewhat back up.

I'm two months past my surgery now and recovering at home. My liver functions are normal but my kidney functions still are not quite where they need to be and may never fully recover. This is a result of my condition getting so weak before surgery. Also, there is the matter of the months of suffering due to their misdiagnosis, not to mention the the trauma my wife and kids have gone through during all this.

So, can an argument be made that the doctorswho were caring for me before I went to the Cardeologist are guilty of medical malpractice? I never had asthma or pneumonia. What I did have was congestive heart failure. I was clearly esxhibiting just about every symptom of congestive heart failure. I had:

1. Shortness of breath
2. Irregular heartbeat (would jump to like 140+)
3. Enlarged heart (easy to see on X-ray)
4. Swelling in the lower legs and ankles

Sorry this post is long.