Legal Question in Medical Malpractice in California

Negligence or Malpractice

My sister had a stroke a little more than 1 yr.paramedics transported her the hospital. when they arrived at her house they were giving info of her condition. they did not show knowledge of a person having weakness in arms and legs with random statements unrelated to present while complaning of severe head pain and high BP. upon arrival at hospital there was no urgency or knowledge she was having or had a stroke. she was left in the hall way for a least 20 mins. where she was having cold chills and shaking uncontrollable. finally after about 30 minutes was moved to a room and given morphin. I noticed she was unable to pull herself up her arms were limp. a nurse was present ready to give the morphin but did notice. In the course of the night and hospital stay a drain was inserted into her brain, she went into a coma for a week, they stated the drain was misplaced and replaced it, she had surgery for a Gtube, she had blood in her urine for 2 days, we complain and was told she's okay, she has no fever. when she was checked for the blood she had an infection. and was told by some don't keep your hopes up it looks bad. why did'nt anyone no she was having a stroke? they never came to talk to the family until we requested.


Asked on 4/23/05, 10:31 am

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Negligence or Malpractice

Strokes are critical to diagnose within a 3 hour window of opportunity. Failure to timely diagnose a stroke can sometimes lead to a successful and worthwhile malpractice action. But, it is imperative to have a careful review of the records by a top notch neurologist who can determine given the location of the stroke and the type of stroke involved whether any intervention would likely have affected the outcome.

You should have an experience medical malpractice lawyer get an appropriate review of the case before proceeding since these cases are not easy to win and if you bring a case you want to be sure there is a good chance of prevailing. Otherwise your sister's family will wind up being victimized twice.

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Answered on 4/23/05, 2:28 pm


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