Do we have any grounds for a mal-practice suit and is it worth suing a public hospital? Who is sued, the hospital or the dr?

I am not licensed in MA and can offer you general advice. I would have the wife or mother of the child contact a local attorney. The signs and symptoms of an impending stroke include family history, slurred speach, disorientation, headache, dizziness and PARALYSIS is a big one. However, the claim will hinge on the physical examination documented by the doctor and the symptoms noted by the nurse. If he was displaying signs of slurred speach and partial paralysis- there will be some notation in the chart.

Have the family contact a local attorney. Although there is a heightened standard of care for emergency providers in many states. If this gentlemen was exhibiting the signs as indicated - sending him was reckless, (unless he refused admission).

Betsey Herd
Tampa, Florida

I would be happy to discuss this matter with you. I would need for you to have the medical records in place first. When you get them together let me know.

www.chancellorlaw.com

How horrible.

I note that we haven't fully answered your question. You can claim both against the hospital and the physicians, but a claim against the hospital is inadvisable. Here's why:

In Massachusetts, a public hospital benefits from limitations on damages awards, so recoveries against public institutions would not benefit your family. However, you can bring actions against the physicians or medical staff who made the decision to send your relative home, and claims against those providers are not subject to that same immunity.

The facts underlying these cases are complex, and memories dim over time, so don't wait too long to get representation. If you like, I'd be happy to talk to you:

Daniel Malis
MALIS|LAW
(617) 491-1099