Pediatric stroke victim not given the standard of care at local hospital. Prolonged stay in ER exam room receiving seemingly unrelated tests before being transported by ambulance to a children's hospital. Finally diagnosed with severe heart failure (genetic cause). Patient was not treated for stroke upon intake and i believe damage was exacerbated as a direct cause.
That very well may be true but what you think or I think is not as important as what a MD thinks. A doctor would have to review the meds to see if there was a deviation from the standard of care. It does sound like a potential case however.
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No one can answer your question based on the information provided. If you say the standard of care was breached and there was injury as a result then of course there should be liability. In order to find out if you were the victim of negligence, you need to retain a lawyer willing to investigate the claim. The lawyer will gather the medical records and have them reviewed by a medical expert who will be asked to offer an opinion as to whether 1. the care and treatment received fell below the applicable standard of care and 2. caused an injury. There is no claim to pursue unless and until such an opinion is secured.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
I am sorry to hear about this situation. The only way to know if your loved one was a victim of medical malpractice is to call a medical malpractice lawyer (someone who specifically handles these kinds of cases) and explain what happened. If appropriate, the lawyer will review your family member's medical records and then send them off to an expert. That is the way lawyers can decide if a medical malpractice lawsuit is appropriate.
My suggestion is that you have a call or send a message through Avvo, to a lawyer who handles med mal. You can do a search using find a lawyer.
I wish you and your family the best.
The attorneys of Lowenthal & Abrams are licensed in several states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation and social security disability. I am a medical malpractice, catastrophic accident and wrongful death attorney. I am licensed in Pennsylvania, New Jersey, California and West Virginia. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.
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