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Can I file malpractice suit vs the hospital and treating doctors at a hospital in Texas where my mother developed fungal sepsis?

Fort Worth, TX |

My 75 year old mother went into a Texas hospital and had AAA surgery on Feb. 15 2010. Surgery went well and she began post-op recovery. She made it to rehab at the hospital on March 5, still having the main line IV in the right side of her neck she had had since the surgery. Almost immediately after entering rehab she began to feel ill, had severe pain in her right shoulder, developed sight problems, then mental confusion on March 6 and 7. She was readmitted to hospital on March 9 and quickly moved to ICU where she went into shock and doctors diagnosed fungal sepsis, caused by candida infection. She died on March 10. Do I have any hope of getting any relief via a malpractice lawsuit or any other avenue for what happened to my mother? I think they were slow to ID/treat the infection.

On steroid therapy. Strong antibios after surg. Some elev WBC in 3 wks before sepsis. Strong antibios with steroids compromised immunity? Docs should have known, been on alert for infect. Mar 6 or Mar 7, neck IV finally removed. Someone at hosp said yeast found at IV site. Had given nutrients through that IV earlier in her hosp stay. If yeast found, should have immed been put under intensive treatment to stop yeast. Did not happen. Rehab doc thought polymyalgia flaring up. Nurses thought nothing of her condition, said patients have their ups and downs. Knew from speaking to mom that something was very wrong with her on Mar 7. Began to vomit and confusion increased. Told my fears to IM doc, who downplayed my wish to have her readmitted to hosp saying, "we can monitor her from here," i.e. from rehab. Mar 8 she had trouble breathing. She was kept in rehab. Moved to PCU Mar 9. PCU quickly had her moved to ICU. Now IM doc said cultures showed fungal sepsis and mom was in septic shock.

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Attorney answers 3


I am very sorry for your loss. Infection cases are often difficult because infection is a common risk of surgical procedures. However, if the physicians and/or nurses should have caught it sooner AND if sooner detection and treatment would have changed the outcome, you may have a valid claim.

In Texas, the claim would be limited by the caps put in place by our Republican Congress (the so-called "tort reform") because your mother was likely not working at age 75, and this limitation may prevent significant recovery. Despite that, there are still some firms willing to look at such a case. I would be happy to speak with you about this loss, and would be willing to review the records for you. Feel free to call: 713-255-2055


I'm sorry to hear about your mother. You may very well have a claim against the medical providers. However, Texas laws are not friendly towards med mal cases and they are difficult to prove. I would like to know some more circumstances surrounding this unfortunate situation. 512-472-8318


I am sorry for your loss. Medical records will need to be reviewed by a M.D. to see if there is a malpractice case.


You should not give a statement, give access to your mom's medical information or sign any insurance company forms without speaking to a lawyer.

The insurance company is not your friend and is not concerned with your injuries and pain.

Their goal is to make $ by paying as little as possible on the claim. They will frustrate you by delaying payment, giving you a low offer, or denying claim hoping you will get mad and go away.

I should know because I worked as a lawyer for medical malpractice insurance companies for 10 years.

I would be more than happy to talk with you about your mom's case. I can be reached at (214) 800-3454 and my office is in Dallas. We handle cases all over the DFW area.

Please visit the links below for free information about medical malpractice and wrongful death. You can also send a confidential e-mail to my website at





Do what the lawyers say and file with the Board of Medicare the Departments of Public Health against hospital and rehab. File against nurses with Allied Health..... and complain to Medicare on Care.... Medicare is a defender of doctors so don't expect much.... and Sorry.... but good for you to make the point and maybe help someone in the future.

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