I'm very sorry for you loss but feel compelled to warn you to not let your grief cloud your objectivity about whether or not you have a case. Your post makes the point, when you say your mother died of ALS. As far as I know, ALS is always fatal. Your mother did not die due to medical negligence. And if she was diagnosed with ALS, I'm sure the medical people recognized the seriousness of her condition. Certainly you should feel free to consult with an experienced trial lawyer but you only have a wrongful death case if medical negligence caused the death. Best wishes.
The author of this post is licensed to practice law in the District of Columbia, Maryland, and Virginia. This post is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.
Medical neglience is a viable legal theory for a malpractice suit.
I am sorry for your loss.
Without a lot more, this does not appear to be a case against the hospital. Perhaps an ER doctor did not meet the standard of care, but ER medical malpractice is very hard to prove and very hard to get any medical expert to establish.
Check in person with a local Austin lawyer.
Hello My name is Dr. Walter Kane I am a lawyer and medical doctor who practices in Texas. I am sorry you lost your mother and feel she was not treated appropriately. You stated that someone admitted they made a mistake but it was too late. If someone made a mistake whether it was a nurse, doctor, or other hospital staff, then you would be able to bring a wrongful death suit against them. You can sue a hospital for wrongful death.
I hope this answer's your question.
Sorry for your Loss,
Dr. Walter Kane MD, JD
Kane Varghese Law Firm
One may sue a hospital for wrongful death in Texas under certain circumstances. Your question does not say what complication(s) of ALS were the immediate cause of her death or how far her disease had progressed by the time of her hospital visits - and that may be important to know. You may want to consider filing a complaint with the Center for Medicare and Medicaid Services at www.cms.gov CMS may investigate and find out information that you need to know about what happened. In appropriate circumstances, they may sanction the hospital(s) involved. At a minimum, you might obtain a complete copy of her medical records in order to get the answers you are seeking about what happened to her and why. Please keep in mind that there is a 2-year deadline to file suit from the date of the negligence. Good luck in your search for answers.
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