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Can I sue a hospital for a long wait that resulted in my daughter's paralysis to increase?

San Antonio, TX |

My daughter was taken to a hospital's er with a tingling in her legs and loss of feeling. It took them like 3 or more hours to be seen then like another 2 hours to realize that they couldn't help her and they sent her to another hospital 2 hours away.

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Attorney answers 7

Posted

It's impossible to offer an opinion as to the merit of a potential case without knowing detailed facts and reviewing medical records. Your daughter should consult with a medical malpractice lawyer in the state where the incident occurred. If, based on an interview, it seems likely to a lawyer that there is a case, the lawyer will obtain medical records and the services of an expert. These are very tough cases. If this happened in TX, you face an even tougher battle because ER docs in TX have special legal protection.

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.

Martin Paul Weniz

Martin Paul Weniz

Posted

This is excellent advice.

Posted

Delays in diagnosis and treatment often lead to malpractice claims. Whether your daughter's case is viable will depend on (1) the underlying cause of the numbness/tingling/paralysis; (2) whether the delays in triage/assessment/treatment caused the condition to worsen; (3) whether more rapid attention could have stopped the paralysis from happening; (4) whether the injury/condition is permanent; and (5) the standard of care that applies given the symptoms and findings.

Another thing that could be an issue is whether the hospital was county or state-financed facility. Under Texas law, those types of hospitals enjoy broad immunities from legal claims. The law is called the Texas Tort Claims Act (TTCA). TTCA cases are very difficult.

I'd be happy to visit with you. I can be reached at 877-650-6080 or 713-650-6080. I have an office in Houston but I handle cases all over Texas (and other states too).

Posted

Mr, Brophy and Mr. Stewart have both given great advice. I would strongly suggest that you consult with a Medical Malpractice attorney to review the details of your case. After analyzing all the relevant medical records, your attorney should be able to give you an idea of what your case may be worth. I hope that you found my response helpful.

Posted

Delay in diagnosis and/or treatment are extremely difficult cases to prove because you need to first show how earlier intervention would have prevented and/or lessened the eventual result. That, coupled with your draconian “tort reform” passed by your conservative legislature makes your case one hard for an attorney to take on.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

Posted

As an attorney who handles paralysis cases and has suffered a paralyzing injury in the past, I can tell you that unnecessary passage of time between injury and treatment is very harmful. From the information you have posted, there seems to be more than enough information to justify investigating this situation carefully in order to answer the 2 most important initial questions: 1) could the delays have been prevented, and 2) what difference would it have made if earlier treatment had been administered. An attorney experienced in this area will have experts available to answer these questions after careful review of the medical records. I encourage you to contact such an attorney as soon as you can.

Posted

I agree with my friend, Mr. Stewart. I suggest that you call him right away. Medical malpractice claims do not age well. The sooner you hire a lawyer, the better your chances of success with your claim.

Posted

You should contact an attorney to see if the delay in diagnosis caused your daughter to become further injured. You can read more about medical malpractice here: http://www.austintriallawyers.com/Personal-Injury/Medical-Malpractice/Failure-to-Diagnose.aspx

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