[OR] Can I file a medical malpractice claim for delayed diagnosis of epilepsy that led to ongoing harm and loss of work capacity?

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I'm so sorry about this situation.

The short answer:
Your situation points to a possible misdiagnosis because your symptoms were treated as spinal meningitis even though the later diagnosis showed epilepsy. This can happen if emergency doctors focus on the most dangerous condition first, or if your seizure history was not fully explored. The gap between your long history of collapse episodes and the delayed epilepsy diagnosis raises real concerns.

The long answer:
A malpractice claim needs proof that providers failed to use reasonable skill, that the failure caused harm, and that you suffered measurable damages. (OR Rev Stat § 677.095) The facts you shared show delayed diagnosis, treatment for a condition you did not have, and financial and emotional harm. Your history of collapse episodes since age 15 also suggests that earlier neurologists may have missed something. (OR Rev Stat § 31.705)

You will need your full records and an expert neurologist to compare what was done against the standard of care.

Next steps:

Request complete records from the hospital, emergency department, both neurologists, and the prior seizure incident.
Write down a timeline of symptoms, collapses, diagnoses, and work changes.
Contact a medical malpractice attorney who handles delayed diagnosis cases in Oregon.
File a complaint with the Oregon Medical Board.

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Last year, I was admitted to the hospital after I was found unresponsive in my bed by my wife. My father was called to come and look at me as I came in and out of consciousness. He ended up picking me up on his back and taking me to his car and he took me to the hospital.

The emergency doctors ultimately diagnosed me with spinal meningitis and kept me there for three days. I had an MRI of my spine and I was found to have compression fractures on 6 of my vertebrae (I had a cane for 4 months afterwards and couldn't stand up straight).

As we were leaving, a nurse suggested that I see a neurologist. The neurologist suspected it was epilepsy. I told him about all the times I had collapsed unexpectedly throughout my life and I was flabbergasted that this was the first diagnosis that explained all these random occurrences. The earliest I can remember was when I was 15.

He said I would have to wait for it to happen again. It happened again a month later and I was formally diagnosed with epilepsy and mild brain damage, specifically mild neurocognitive disorder.

I am furious that the hospital thought I had a seizure (as they asked my family if I was an alcoholic), but misdiagnosed me and billed me for services for something I didn't have. Also, the neurologist was a piece of shit and shouted at me when I couldn't recall what my job was at the time.

Also, I saw a neurologist ten years prior after another seizure at work made me collapse in the hallway.

I am now unable to work in the same capacity as I did before and my marriage is falling apart as my condition worsens and my emotions and anger change all the time.

I was wondering if there's any capacity for medical malpractice here as I feel furious at the medical system. I had a seizure recently on vacation and the doctor there thought I was on drugs. I am so disappointed as 1 in 26 are supposed to have epilepsy and I have felt no compassion on my journey at all. Just wondering if I have a case here.

Lexi, Chatbot

I'm really sorry to hear about the challenges you've faced with your health and the medical system. Have you already sought any legal advice regarding your situation or spoken to a lawyer about potential medical malpractice?

Not yet.

Lexi, Chatbot

Can you provide details about any specific incidents where you believe the medical professionals failed to provide the appropriate care or misdiagnosed your condition?

Yes, the above statement says all that.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your medical malpractice case.

Yes.

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like.

What medical records do you still have from the hospital stay and the earlier seizure incidents?

This all happened last year and should all be on file.

Legal Eagle

Got it, thanks for letting me know.

Could you tell me where you're located? This helps in understanding the legal jurisdiction for your case.

Lake Oswego, Oregon.

Legal Eagle

Thanks for sharing that. Could you tell me more about the specific incidents where you believe the medical professionals failed to provide appropriate care or misdiagnosed your condition? This will help in understanding if there's a potential case for medical malpractice.

And they treated me with cocktails of drugs to fight spinal meningitis, which I don't have.

Legal Eagle

Understood! So you're just wondering what your rights are here, correct?

It was only the suggestion from the nurse as I was leaving that led me to getting the correct diagnosis.

I don't, sorry. Yes, I am wondering.

Legal Eagle

Ok, I've got what you're getting at here! Were there any other facts you'd like to add before I answer your question?

And if this is case-worthy.

Legal Eagle

Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?

No problem.

Legal Eagle

I'm so sorry about this situation.

You will need your full records and an expert neurologist to compare what was done against the standard of care.

Next steps:

Request complete records from the hospital, emergency department, both neurologists, and the prior seizure incident.
Write down a timeline of symptoms, collapses, diagnoses, and work changes.
Contact a medical malpractice attorney who handles delayed diagnosis cases in Oregon.
File a complaint with the Oregon Medical Board.

Legal Eagle

Does that help clarify things? I want to make sure I didn’t leave anything out.

Yes, that's definitely helpful. I knew this wouldn't be easy, but I want some sort of justice. I'll follow through with your suggestions. Thank you.

Legal Eagle

For sure! Did I thoroughly address your question? Did I provide top-tier service to you? If the answer is no to either, please let me know so I can help! I know it's a lot.

Yes.

Legal Eagle

Thank you so much for contacting us! We're happy to help whenever you need it.

Legal Eagle

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