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July 2013 my dad was misdiagnosed at 2 local hospitals. Do we have grounds to sue. (Guillian Berre Syndrome)

Hartselle, AL |

I took my father to the hospital ER due to numbness and tingling in his hands and feet and due to a couple of falls he sustained in July. After doing a CT on his brain, they said they felt he might have an aneurism. However a video consult with a neurologist resulted in the recommendation that he be given a spinal tap and spinal MRI. ( He did not feel the CT showed anything that could cause the numbness and tingling or lack of coordination. The ER Doctor Decided to transfer, him and ordered a MRI of his head. The MRI resulted in us being told that he had benign tumors . When asked what was causing the numbness and tingling the doctor at the 2nd ER said it was just years of drinking and smoking. He was diagnosed 2 days later with G.B.S at a different hospital, and was unable to move.

Attorney Answers 4


  1. In order to have a viable claim, you would have to prove, among other things that the 2 day delay caused your father's inability to move. Medicine is not an exact science and sometimes other than rule things out, it is difficult to make an accurate diagnosis. Consult with a local experienced medical malpractice attorney and have them investigate.


  2. A local malpractice lawyer can order the medical records to investigate


  3. To have a basis for a malpractice lawsuit, you need more than a misdiagnosis or mistreatment of a disease or an injury. It must be proved that the malpratice caused an injury. There is no specific treatment for GBS, and certainly no treatment that would prevent it from progressing to paralysis. Therefore, it's hard to prove damages as a result of such a misdiagnosis. Nothing in your question suggests that anything happened to your Dad that would not have happened anyway. Most people with GBS get better eventually. That said, I know of at least one malpractice case where the patient had GBS and had trouble breathing. The docs waited too long to put the patient on a ventilator and she suffered brain damage as a result. That was a strong case.

    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.


  4. As David said one of the main issues is a two delay in Guillan Barre is not significant. It is an autoimmune disease that needs to run it and supportive care is given. While they certainly did not diagnose your father correctly, even if they had, the treatment is supportive care and ventilatory assistance when needed. This is a horrible disease, but usually goes away with time. You always have the option of discussing with a malpractice attorney.

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