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Is this a medical neglect case?

Spring, TX |

A man in good health goes to have back surgery which turns out OK, but in recovery aspirates which goes unnoticed for 3 days, this turn into double pneumonia in which he almost dies, he is then transferred to rehabilitation before the pneumonia it properly treated, which cause him to crash, and be brought back to the same hospital, at which point he gets another stain of pneumonia. After this he is transferred to rehabilitation to learn to walk again, and 6 weeks later is still is unable to breath, coughs up green substance, has lost over 30lbs, will probably never work in his field again, and was prescribed medication that had nothing to do with his illness incurred in the hospital in which he was in for over 35 days. The doctor who did the surgery can not be blamed, but can the hospital?

Attorney Answers 4


  1. You describe quite an ordeal. Based on the information you posted, it is not possible to offer an opinion whether you have a valid basis for a medical malpractice case. A lawyer would have to obtain your medical records and have them reviewed by experts. Medical malpractice lawyers usually offer free consultation. If your case seems likely, they will generally advance the expenses and take the case on contingency. You don't state when this occurred. That's important because the statute of limitations can be a problem if it was not a recent event. TX has a tough, anti plaintiff laws for medical malpractice so try to find the best lawyer you can You will need expert, experienced representation to find out if you have a case and if you do, to give you the best chance of receiving compensation .

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.


  2. A difficult question which cannot be answered without a thorough review of all events and the surgical records and post-op records. Texas is a very tough venue for medical malpractice cases and few prevail. Go retain a medical malpractice attorney to review this case. They should not charge you anything to do this.

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  3. I'm sorry to hear about this terrible chain of events. The only way to determine if there was malpractice is to get a med mal lawyer to order all your medical records and bills and send them to an expert to review to ascertain whether there was a breach of the standard of care. Search Avvo's "find a lawyer" for a medical malpractice lawyer to investigate this for you.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  4. Based on your description of the events alone, the hospital may be responsible for the actions of its employees, which include its nurses usually. In Texas, tort reform laws have made it very difficult for valid medical negligence suits to be brough especially when there is no long term permanent injury. No decision can be made on whether to bring a suit unless and until you obtain all of the medical records and have an experienced medical malpractice attorney review them. It certainly is worrisome that a patient went three days without aspiration being noted or treated. I would ask about the signs and symptoms he was exhiting and what if any diagnostic tests (chest xray for example) were considered. And it will be important to know what the long term injury prognosis is in order to determine whether a suit is possible. Get the medical records and have an experienced attorney review them. Generally the Texas medical malpractice statute is 2 years from the date of negligence and I cannot tell from your post when this occurred. So act quickly. Good luck.

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