Legal Question in Medical Malpractice in California
Stroke
My husband went to ER 10/30/06 with unbalance gait, had past dx 15 year ago possible MS, was admitted to hospital for test MRI done in ER no sign of stroke. Had 10 min slurred speech 10/31, 2 days later weakness on one side and total slurred speech 6 hours later had MRI following day CT scan then told may have had a stroke and started on blood thinning IV. Never offered TPA when stroke was happening. Do I have till tomorrow to filing a statue of limatations and how do you do this would I have a case to file.
1 Answer from Attorneys
Re: Stroke
There is no requirement that TPA be offered in the ER according to the Board of Emergency Medicine. ER docs cannot be held liable in CA unless another ER doc testifies against him. Then, even if we get over that hurdle, must prove that the outcome would likely have been significantly better but for the negligent treatment.
The statute runs 1 year from the time the patient discovered or reasonably should have discovered the fact of the injury and its negligent cause.
The statute of limitations is probably blown at this point, making a difficult case more difficult.
But, if you want to preserve the possibility of a case, you have to IMMEDIATELY give the hospital and the doctors involved a statutory 90 Day Notice of Intent to Sue.
If you find an attorney willing to look into the case further, it is the first thing that attorney should do if you have not already done so.
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