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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?A 48 yr old male relative who was very over weight and had high blood pressure, as well as a family history of high blood pressure and premature heart related deaths presented at the E.R. w/ a severe headache, nausea, dizziness,and "like he was drunk" and was told he had "heat stroke" from working in the sun all day. He was sent home (allowed to drive himself home) and later that night he had a massive stroke which he never recovered from. He was paralyzed,unable to communicate, spent 3 months in the hospital and rehab before he died of an "infection". Unfortunately he was w/ his 12yr old son duing the incident which has left him w/ issues related to anxiety and depression. Do we have a case? Attorney answers (3)
Reputation Level 14
Answered over 2 years ago.
Medical Malpractice Attorney in Tampa, FL.
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
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Reputation Level 13
Answered over 2 years ago.
Medical Malpractice Attorney in Cambridge, MA.
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 
Reputation Level 12
Answered over 2 years ago.
Medical Malpractice Attorney in Cambridge, MA.
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 Related Questions4 Attorney answers:
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