My mom was at work when she started having a very severe headache. She said she felt nauseous and felt numb on her left side. Her employer took her to a hospital where the doctor said it was probably nothing serious. She went to another doctor a couple days later, who said the same thing.
She asked both of these doctors if it might be signs of a stroke, since she knows what stroke symptoms are like. Both said no since she is only 45 and pretty healthy.
Well, they were both wrong, and she had a massive aneurysm in the right part of her brain. The doctors had to perform emergency brain surgery, and she has a huge surgical scar on her head. She couldn't talk and couldn't move the left part of her body. Three months later, she can walk slowly and talk, but she still can't move her left arm very well at all.
The doctors said she won't be able to go to work for at least a year. She's divorced, and the only source of income of our family. Could we sue the doctors for malpractice?
2007-10-11 08:20:38 · 13 answers · asked by James J 1 in Politics & Government ➔ Law & Ethics
I can understand your anger. While I would feel like they need to be sued, just like you do, I don't believe you would get anywhere. I do agree that they (the first two doctors should checked better) When I had my stroke, they (the doctor) knew within an hour or less that I had one and started treatment just in case as soon as I arrived at the hospital. I would be sure to tell everyone how those doctors did and try to never use them again. I wish your Mother the best and hope and pray she will have a complete recovery.
2007-10-11 08:29:56 · answer #1 · answered by Really ? 7 · 0⤊ 0⤋
Of course she could sue for malpractice. Our legal system provides that anyone can sue almost anyone. In addition to that fact, it sounds like she has sufficient grounds to sue, assuming that all the details your provided are accurate. Frivolous lawsuits should of course be avoided since they drive up the costs of insurance for everyone. On the other hand when you have good grounds for the lawsuit and possible significant malpractice has occurred, then go for it. If you win, the malpractice insurance will end up compensating, from a monetary standpoint, for the damages done to the person and their ability to provide for their family due to negligence of the physicians.
2007-10-11 15:35:29 · answer #2 · answered by Pat K 6 · 0⤊ 0⤋
ER docs get sued all the time for passing over symptoms. Normally I am not one to advocate suing over anything, but this was ridiculous that they didn't do a brain scan or anything! My doc wants a brain scan at the drop of a hat, just to see how things are looking.
So yes, I would say look into it. I'm very sorry to hear of this.
2007-10-11 15:28:45 · answer #3 · answered by Flatpaw 7 · 0⤊ 0⤋
Certainly she can sue. The odds of her winning may vary.
She point-blank asked about stroke symptoms, and was blown off. You didn't mention anything about tests, but if they just said "get outta here, it's a headache" then that sounds pretty bad.
Chat with a personal injury attorney on a free consultation.
2007-10-11 15:24:39 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Definately. just make sure to get a good lawyer and explain everything. keep all the records of doctor visits, tests, everything. Usually doctors want to save money to the government, or the medical institution that hires them. But keep in mind, that if the first two doctors did not make her any tests or exams, it can be hard to proof. but a specialist doctor will be consulted by the court.
2007-10-11 15:26:33 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Anyone can sue anyone...winning is another story.
Sounds to me to be a solid enough case to find a lawyer to work on a contingency basis though.
Call around. If she has a decent case a lawyer can be found.
And yes..Boris has a point. This would likely be negligence not malpractice. However that is just another thing the lawyer can explain to you.
2007-10-11 15:26:28 · answer #6 · answered by elysialaw 6 · 2⤊ 1⤋
Legally, that wouldnt be considered Malpractice. Malpractice is when a doctor does a procedure that harms the patient. (Surgery, or medication.) But the doctor should have done his job, and did a better exam on your mom. Usually, doctors only check the most common places of problem per age group. Doctors can be so lazy sometimes.
2007-10-11 15:26:22 · answer #7 · answered by boris t 4 · 2⤊ 3⤋
I would that is pretty bad, and i would cause, if she can't move her left arm and all sue them at least 10000, of pain and suffering or about the money, sue about how much you think. hope this helps :D
2007-10-11 16:00:02 · answer #8 · answered by Ruthyrae 3 · 0⤊ 0⤋
If you can prove the doctors did not do the necessary tests after you asked for them to be done, yes.
2007-10-11 15:24:32 · answer #9 · answered by Dashes 6 · 3⤊ 0⤋
Please don't.
Doctor's are not God and maybe their errors are more serious than getting coffee with cream you ordered black but they do the best they can.
Certainly they did not intentionally misdiagnos and maybe there should have been other signs and there weren't.
Suing doctors causes EVERYONE money in higher insurance and higher medical costs.
Talk to both doctors first.
2007-10-11 15:26:13 · answer #10 · answered by lilygateau 4 · 3⤊ 4⤋