My only problem is two separate ER doctors miss diagnosed and then after yet another stroke, 911 was called and EMS showed up, took my blood pressure and said I probably had vertigo. They actually advised against taking me to the hospital and that they would just do the same tests. That is three separate occurances that were missed by 3 different parties. Yet at the same time, they felt necessary for me to come back at a later date for an MRI. Why not just take it one of the previous times I was at the hospital. If they could not have fit me in for an MRI when they did, the next stroke I had while at the hospital already on blood thinners could have been devastating. Before they would let me leave the hospital after my stay they wanted a final MRI to check things out. I kept getting bumped for MRI's from people in the emergency room, completely opposite how they handled me, which is a good thing. Now I probably don't have a case, which is fine. That's why I didn't start a new thread. Just wanted to see what some doctors or lawyers on the board had to say.
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Exactly. The fact that there were two different doctors who did not identity the strokes will make it harder to prove that either one of them acted unreasonably.
The same malpractice standard will apply for the MRI as well. If a reasonable doctor would not have ordered the MRI right then and there, then he will not be considered to be acting negligently. Again, it seems at least two doctors did not think it was needed immediately so it will harder to prove they committed malpractice by not ordering it. I know it's weird, but the fact that more than one doctor potentially screwed up makes it tougher to show they were negligent; it shows that a reasonable doctor would have been less likely to order the immediate MRI.
You should definitely go see a malpractice attorney, especially if you have any persisting effects from the strokes. The advice you get from people who claim to be doctors or lawyers on a BBS is worthless.
I know it was an abnormal case and maybe if it happend to someone else and not me, I might think, ah no big deal. I just find it a little irritating that Doctors go through all this school and charge the big bucks to find abnomal cases. It's just with all the symptoms adding up makes me think they looked at me like I was making stuff up and overeacting. Maybe that is part of the problem, they see too many people show up to the ER with basically nothing that they get complacent on their diagnoses.
Yeah, I'm thinking about it, just unsure. I fall under the category that someone said earlier about people being too quick for lawsuits. I'm typically against a lot of frivolous (sp?) lawsuits.
Dude...you had multiple strokes. Find somebody (a real person rather than a BBS persona) who is qualified to make a judgement about whether your doctors were negligent.
I wouldn't say it's worthless. Nobody here is saying he doesn't have a case or that he shouldn't see a malpractice attorney. I told him what the applicable legal standard is for a malpractice/negligence case so he gets a preliminary idea of what he's up against, which was probably all that he is seeking (and should seek) here.
From experience, I can tell you that, post-tort-reform, malpractice cases in Texas are VERY difficult to get a lawyer to take, let alone win.
I'm not saying your conclusions are worthless, just that your means of conveying them, i.e. anonymously over the internet, render moot any status you may or may not have as an authority on the matter. For all we know, you may be lying or grossly misinformed about the applicable legal standard.
