Q: A pt was taken to ER to rule out a stroke due to speech changes. ED gave pt a blood thinner which caused them to have a
Brain hemorrhage and later died. MDs failed to collect pt history of lung cancer. Can this be a possible medical malpractice case?
A: I'm sorry for the loss of the patient. A law firm would need to review the records to answer your question meaningfully. The fast pace and high volume of emergency rooms are a consideration in assessing their decisions and actions in terms of med mal case review. Good luck
A: Yes, this situation could potentially qualify as a medical malpractice case. If the emergency department (ED) administered a blood thinner without properly assessing the patient’s medical history, particularly their lung cancer diagnosis, which may have made the use of blood thinners inappropriate, this could be considered a breach of the standard of care. The failure to collect and consider relevant medical history before administering treatment, especially when the patient presented with concerning symptoms like speech changes, may have directly contributed to the brain hemorrhage and subsequent death. To pursue a claim, it would be important to gather all medical records, including those documenting the patient's history and treatment decisions, and consult with a medical malpractice attorney to evaluate the specifics of the case under California law, including the MICRA statute of limitations and caps on damages.
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A:
It sounds like you may have grounds for a medical malpractice case. When a patient is brought to the ER, doctors are expected to take a thorough medical history and evaluate all relevant factors before making treatment decisions. In your situation, if the medical team missed key information about lung cancer, which could have impacted their decision to give a blood thinner, this may represent negligence.
Medical malpractice cases generally require proving that the standard of care was not met and that this failure caused harm. In this case, if giving the blood thinner without knowing the patient's full medical history led to the brain hemorrhage and death, you could argue that the doctors’ actions directly resulted in harm.
It would be important to gather medical records and seek legal advice to explore this situation further. You’ll want to understand more about what a reasonable doctor should have done in similar circumstances. This could help determine if pursuing a claim is worth your time and energy.
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