Do I have a case if mother was discharged from the ER but apparently had a stroke and was not diagnosed of it? 3 Answers as of April 08, 2016

I took my mother to the ER and they discharged her that same day as soon as they had her health issue in some control or to a normal levels. When they removed the pressure cuff, my mother complained about her arm was hurting and it was really weak she had no strength. The ER nurse said it was the cuff, so I assumed by his knowledge that he was right and said okay and took her home. But then she got worse as soon as we got home. That same day, she got weaker and I assumed it was the medication that got her drowsy. I let her bedrest. Next day, I got up early to get ready for work and she had apparently a stroke. I took her to the ER immediately and based on the test they did on her. They did a CT scan again and they said there was no way they were going to miss from the day before, that when the doctor said she had a stroke and it was three days old. But the first initial visit to the ER, the nurse that registered her checked her for signs of a stroke and apparently there was no signs of it. Can I sue?

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Candiano Law Office
Candiano Law Office | Charles J. Candiano
1. YOU cannot sue anyone for anything. 2. You have not provided nearly sufficient information for anyone to intelligently comment on whether or not your mother has a viable lawsuit. 3. In order for your mother to have a viable lawsuit against the hospital, she would have to prove that the hospital breached the standard of care that it owed to her. The hospital will not be found to have been in breach of the applicable standard of care so long as there is some plausible alternate diagnosis for the symptoms exhibited. You have not stated your mother's age, general health, or other symptoms. 4. A stroke cannot be definitively diagnosed without confirmatory tests. No confirmatory tests can be ordered unless the patient exhibits relevant symptoms during an examination. 5. My gut sense is that there will be no viable medical malpractice claim. That said, I do encourage you to take your mother's medical records for review by a local medical malpractice attorney. An initial review to determine the viability of the case is almost always free.
Answer Applies to: Illinois
Replied: 4/8/2016
Law Offices of Henry Repay
Law Offices of Henry Repay | Henry Repay
I am sorry for your circumstances. You certainly should arrange a consultation so that a thorough review can be made. Ultimately, a medical opinion will need to be obtained before a case can be filed. The question is whether, in the course of the way things developed, your mother's care fell below reasonable standards. Further, an attorney will need to understand your mother's situation as a result of this and what she went through at the time to determine whether sufficient damages can be requested. Something being missed does not always mean the standard of care was not proper, but certainly you have stated facts that warrant the matter being considered. A malpractice consultation should not cost you or your mother and, if the case is accepted, payment of the legal fees is made from the settlement or award. In order to have the best opportunity to move the matter forward, arrange a consultation soon. Certainly, you need to be aware that there are limitations periods that must be met. Bring any information to which you have access (statements, records in your possession, ...).
Answer Applies to: Illinois
Replied: 4/7/2016
Barry Rabovsky & Associates
Barry Rabovsky & Associates | Barry Rabovsky
Have you been to any doctors that may have told you what the potential consequences of failing to diagnose the stroke may have been? Thank you for your email.
Answer Applies to: Illinois
Replied: 4/7/2016
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