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  • Any Case?

    My physician here in Texas referred me for an abdominal CT radiological test. Though it was a great distance from my home, I was told I had to have the test done at a particular clinic. (I later learned the doctor had a financial interest in that clinic.) The test was ordered, but when the clinic called to confirm they told me I was having an abdominal ultrasound--not a CT. I caught the error and called his office. They apologized, told me the wrong test had been ordered and said they would correct the problem. The clinic called again to confirm the test and an appointment was scheduled. When I got to the clinic I was asked to fill out forms with questions one of which asked if I had any allergies. I answered, "Yes" and indicated an allergy to iodine (sometimes used in contrast die) and had previously gone into shock after its use. I undressed and was on the table when the lab tech told me she was ready to start an IV with contrast die. This surprised me since I'd not expected contrast die to be used for an abdominal CT. I asked if the die contained iodine and she said it did. At that point I refused treatment. The technician's supervisor asked me why my doctor referred me if I was allergic to the iodine in contrast die. I said I hadn't expected any contrast for an abdominal CT. She responded saying my doctor had ordered a CT angiogram not an abdominal CT and of course they used contrast die for that. Neither my doctor, his PA, nurse, the clinic representative who scheduled the test, or anyone at the lab advised me of the need for contrast die. Thus, no informed consent was offered. I later spoke with the doctor who said that the wrong test had indeed been ordered at first and afterward he changed his mind and decided on another test (without informing me of the change.) He claims it was the clinic's responsibility to screen for allergies and it was no big deal. I beg to differ. Unfortunately, nobody screened for anything. I've filed complaints with the medical board against the doctor and his PA, with the state licensure board against the radiological clinic. Is there any other action I can take? Aside from being scared out of my witts, I suffered no other damages either physical or monetary. I shudder to think what might have happened if I had assumed the medical personnel were all-knowing and kept quiet like so many trusting people do. Any advice you can offer will be most deeply appreciated.

  • #2
    Re: Any Case?

    Normally you have to be injured to sue.

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