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If a person suffers a stroke, due to constant blood pressure over 220, while under a doctors care for months, can he sue?

Arlington, TX |

My husband had very high blood pressure (over 220) and went to the doctor in 2011. The doctor sent him home with blood pressure medication that did not lower his blood pressure.

My husband went back a few times and the doctor continued to send him home with different medications that did not lower is BP.

He ultimately suffered a stroke and was hospitalized for 7 days until they were able to find the right combination of medication that would keep his blood pressure down. He had loss of speech and motor function on his left side. He has regained some speech, although it is difficult to understand him at times, and has regained much of his motor function, but does become imbalanced and stumbles at times.

I have since been advised by nurses to seek an attorney. They say that common practice is to hospitalize a patient with constant BP over 215 or 220.

My husband has loss of memory, energy, concentration, decision making skills, speech, and he cries very easily. He was sent back to work earlier this year, even though I let the doctor know that he seems confused, and can't remember things, and is very very lethargic. My husband has fallen asleep at work while on machinery. I am afraid he may lose his job. We have changed doctors and are working on getting him rediagnosed for his ability to work. I am not able to find an attorney to take his case. Please let me know if I should keep looking or let this go.


Any advice that you can offer would be greatly appreciated.

Attorney Answers 3

Posted

What you have described sounds like something that should be looked at carefully. In Texas, a lawsuit like this almost always must be filed within 2-years of the date of the negligence. There are shorter periods for giving notice, etc., if a government facility is involved. Whether a lawsuit is ultimately feasible will depend in the largest part on the strength of proof of negligence and the provable economic loss associated with the injury. That is a long way of saying that you should contact a board-certified attorney as soon as you can if you are interested in evaluating this further and making the best decision you can about whether to proceed with a lawsuit.

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Asker

Posted

Thank you. I have spoken with several attorneys and I believe that this would be a very difficult lawsuit since my husband is back at work. We have changed doctors and we will make sure we get the medical records but I think I am going to just be grateful that my husband has recovered to the point that he has. Thank you all for your comments and your time.

Posted

That would be tough, especially in your state, but the only way to know if there was malpractice is to retain a local lawyer who can order the medical records and send to an expert to review to ascertain whether there was a breach of the standard of care.

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Posted

Thank you for your help. We are in the process of attempting to get the medical records on our own and make a decision based on them.

Posted

I agree with Mr. Lassen that you need to have the case looked at. This case may be one where the damage caps prevent any "real" justice in Texas, but it would be a case worth pulling the records. Many attorneys in Texas now ask the client to get the records on a case with a close call, so I would not be surprised if you run into that scenario. You are welcome to call me, if you would like further information: 512-346-5688.

Responses to questions asked on this internet forum are not intended to form an attorney-client relationship. These responses are intended as general information only, and are based upon the attorney's understanding of Texas law ONLY. Other jurisdictions may have different laws, or may interpret the laws of the jurisdiction differently. For a more detailed response, contact Todd Kelly at the Carlson Law Firm: 512-346-5688.

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Asker

Posted

Thank you Lannie. I spoke with a few attorneys and they are not willing to take the case. They believe it will cost more to have a medical specialist look at the records and such then we would possible get in damages.

Lannie Todd Kelly

Lannie Todd Kelly

Posted

Up to you, but my offer stands- if you would like a no charge review, call me and let me get the records. Either way, I wish your husband well in his recovery.

Asker

Posted

Oh great! I will certainly take you up on your offer, I will give you a call tomorrow morning around 10am.

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