My mom went into the ER with stroke symptoms, when she was admitted she was able to walk, talk and eat. ER doctors knew her medical conditions diabetes, hypertension and high-blood pressure. They also knew she had stopped taking her high blood pressure medicine. They did a CT and found only an old stroke from a few years back but nothing new. As the day progressed her conditioned worsened, but the doctors made it seem to my parents as it was no big deal (note both of my parents don't speak english well), so neither my brother or I was ever contacted. By the next morning she was not able to talk, walk or eat and it wasn't until that morning that they had the MRI done. And it was until mid-morning towards afternoon that the hospital was able to confirm that she had a stroke and was then administering stroke medicine. Can I sue the hospital for delay in treatment?
3 Answers from Attorneys
Mr. Anderson earns the label he gives himself. The delay was, of course, not the cause of the stroke. The question is whether the delay in diagnosing and treating the new stroke was negligent and whether it caused damages. Your question does not provide enough facts to even begin to guess at the answer to those two key questions.
The only way to answer the question of causation, as Mr. McCormick lays out, is by the opinion of an expert that the delay fell below the standard of care and caused damages. Your mother would need to consult a good medical malpractice (not legal malpractice) attorney to get the process underway.
But a caveat - you ask if "I" can sue. and if you are seeking money for yourself for purposes other than taking care of your mother's needs, forget it. She is still alive, as far as your question suggests, and the doctors did not have any duty to call you if, as it appears, your father was at the hospital, unless perhaps the hospital received a durable power of attorney for health care that named you as the responsible party for health care decisions. Even then, it is not you who would be entitled to damages. If she is not now competent to handle her affairs, as appears likely, you need to get a conservator appointed unless you or someone else already have those powers.
Again, you should consult a good med mal attorney in your area.
Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the LawGuru website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. The Law Office of Herb Fox does not and cannot warrant that any communication between the user of this Web site and the Law Office of Herb Fox shall remain confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.