Legal Question in Medical Malpractice in Texas
Pneumonia Missed
I took my four month old daughter to the Er 2-6-05 we were there 3 1/2 hours two of those hours we waited before even being seen by anyone , finally the doctor came in and did his exam he said he beleive hope had a cold virus. They did x-rays, anyways and he said he checked them and he was going to let her go home because they were clean as a whistle. well two weeks later I receive a certified letter in the mail stating that hope needed to see her primary care provider immediately because the radiologist discovered she had pneumonia my daughter suffered with this for two weeks no meds to help her can I do something to that hospital does she deserve compensation?
1 Answer from Attorneys
Re: Pneumonia Missed
i am sorry this happened to you and your daughter. this sort of thing happens more often than people think. many times the er doctor will review films and find no problem. later a radiologists reviews the films and finds a problem and thus a letter is generated advising of the problem.
you do not indicate whether hope has recovered but assume she did once the problem was addressed. if this assumption is correct even though negligence may have occurred the cost of pursuing such a case would exceed the potential for any recovery for her.
the people we elect in austin have (and the bush administration in washington is trying to) pass legislation making pursuit of medical negligence cases nearly impossible. in many cases er doctors are protected from lawsuit under certain emergency situations even if judged to be negligent. also, the law requires experts to be hired to prove that the doctor(s) were negligent. this can be time consuming and expensive.
if hope has had a good recovery (and i pray that she has) then it is my best judgment that a legal case would not be justified due to the large amount of expense that would be necessary to pursue the matter.
please let me know if there are any questions.
bill featherston