QUESTION

Dr. completely missed symptoms of stroke. Sent home, where stroke occurred. Need advice please

Asked on Jun 03rd, 2014 on Medical Malpractice - Colorado
More details to this question:
Husband went to the ER with all the symptoms of a stroke, we were there 9 hrs & the Dr never called the stroke team. She assumed my husband was drunk or on drugs & sent him home to "take a nap". 1 1/2 hours later we rushed him back. There was no doubt at that time he had a stroke. I have since learned about the TPA that could have administered to stop the stroke or lessen the damage it caused. There is a 4 hour window for the TPA, they had plenty of time.The Dr also thought my husband was uninsured, after blood tests were negative we asked about an MRI. We were told that she could do an MRY "but they're kind of pricey", when she overheard us talking about his insurance, she was surprised but now not only did the MRI but a cat scan too. The tests were negative but he was worse. He was discharged with paperwork stating "to seek immediate medical help if the following issues occurred" he had them all when we carried him to the car. He walked to the ambulance to get there ambulance in am
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1 ANSWER

Consumer Law Attorney serving Denver, CO at Chalat Hatten & Banker PC
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If your husband was reporting symptoms of a stroke and the hospital staff ignored these and failed to accurately diagnose his condition, he may have the basis for a medical malpractice claim.  The strength of the claim will in large part be determined by the medical records which will detail his symptoms, tests performed and pertinent medical history.   We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times.  Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are apparent in the medical record.  I am uncertain whether your husband has suffered a significant Permanent injury because of the delay in proper diagnosis.  He certainly suffered during the period of delay, but whether he has sufficient harm from the delay to justify the risk and expense of a lawsuit is something you should discuss with medical malpractice lawyer. Thus, even if negligence can be established, I am uncertain that it would still be in your best interest to pursue a case.  We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim.  Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim.   Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so.  Other time limitations may apply.  
Answered on Jun 03rd, 2014 at 3:43 PM

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