I'm so sorry to hear about your situation. First and foremost, I hope that you make a full recovery.
The answer to your question, is this: maybe. I realize this may not be the answer you wanted to hear and you may have even preferred to hear a definitive "no". But no attorney is qualified to tell you whether you have a valid medical malpractice case. Only a properly qualified medical expert can answer that question. Allow me to explain.
In North Carolina before a medical malpractice case can be filed, the medical care must be reviewed by a qualified expert who is willing to testify that the medical care you received was sub-standard. The way this is usually expressed is that the medical care provided fell below the applicable standard of care. This expert review and certification has to take place first in order to answer your question. This is why I answered your question the way I did.
Medical malpractice cases are specialized forms of negligence cases. So they consist of the same evidentiary requirements. The expert review referenced above is the mechanism by which "fault" is shown. The remaining elements that must be proven are (1) damages (2) proximately caused by the fault.
In your case, some other key questions or issues that need exploration are whether the hospital staff on 8/24/2010 should have diagnosed a condition that would have prevented the strokes. Same for the second hospital. When you go to the emergency room, lots of times those physicians and nurses are there to "stop the bleeding" until you can get to your family doctor or to a specialist. It's a patch shop, not intended to provide a thorough diagnostic workup. Because of this, cases against such ER providers present challenges in proving fault even if there is a missed diagnosis. At any rate, if proper diagnosis wouldn't have prevented the strokes, then there would be no actionable negligence because there would be no causal connection between the harm and the fault.
Your case sounds like it warrants additional investigation by an attorney, or at least a consultation. If you have permanent damage or injury that has resulted from a missed diagnosis you may be entitled to receive compensation for those injuries. I would encourage you to contact an attorney in your community with experience in handling medical malpractice matters for further advice and inquiry into the matter.
This response to your post is for informational purposes only and not for purposes of giving legal advice. This response does not create an attorney client relationship.
Best,
Luke
Lucas T. Baker, Esq.
The Baker Law Firm, P.A.
Concord, NC
Answered on Oct 28th, 2011 at 10:09 PM