Legal Question in Personal Injury in Texas

I was in a car accident and was charged with DWI after going to a hospital. From the accident I asked to go to a hospital becuase I knew I was hurt and actually suspected I had been slipped a drug in a drink at a party that resulted in my one car accident. I got to the hospital and was never seen by a Dr. and was discharged within about 10 minutes without any xrays or vitals or any tests whatsoever. The hospital had my husband sign the treatment and discharge papers but told him I was going to be treated when I never was. I then went to jail for 72 hours for the DWI charge. The jail ended up having to call EMS and send me back to the hospital about 24 hours later and this time I was seen by Dr.s and found out I had broken my s1, was unable to use the bathroom or stand, had sprained muscles in my L1 area and lower pelvis. The first time I went to the hospital becuase I was untreated and generally just tossed out after a major car crash and also thinking I was possibly drugged seems like malpractice on the hospital and EMS's behalf. Do I have a case?


Asked on 9/18/10, 1:16 pm

1 Answer from Attorneys
Roger Merrill Merrill & Associates

It is extremely difficult to sue hospital emergency rooms because they are immune from simple negligence and you would have to show there was gross negligence. This is very hard to do. Further, you would have to prove that you suffered signficant damages as a result of the day delay in treatment. Some extra pain or discomfort for one day would not be sufficient to make your claim economically worthwhile.

From what you've written, I see no fault with the EMS.

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Answered on 9/23/10, 2:00 pm


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