In our healthcare system the only method a patient has to hold a doctor or hospital responsible for botched medical care is through the medical malpractice system. Because the medical field in the United States is a profit-based system, only substantial financial judgments that make malpractice more costly than proper care can reduce the number of avoidable healthcare provider errors. Unfortunately, due to the efforts of powerful lobbies for the insurance and medical fields, many states have enacted so-called “tort reform” laws that severely limit the rights of patients who have been injured by their medical providers. One such law is making it difficult for a Texas man and his two children to recover for the death of his wife that was allegedly caused by a missed emergency room diagnosis.
Texas Woman Allegedly Died Because ER Did Not Properly Diagnose Her
News Channel WFAA reports that two young boys are growing up without a mother because an emergency room failed to properly diagnose her. The two boys were only two and seven years old when their mother went to the emergency room at Arlington Memorial Hospital in 2013. According to her husband she had suffered a seizure and was incoherent. She underwent a CT scan which shows clearly defined dark spots on her brain. According to the family’s attorney it should have been obvious to anyone that there was blood on her brain. But the emergency room doctors sent the woman home after diagnosing her with a possible sinus infection. Her husband claims to have argued with hospital personnel, and that he pointed out that he watched her have a seizure. Five hours after the woman was discharged she had another seizure. According to her attorney her brain aneurism could have been treated if the ER had properly diagnosed it, but instead the mother of two lost her life. According to CBS Dallas-Fort Worth, her family is now suing, but they have a tough road ahead of them. Because unlike most medical malpractice cases in most states, they do not just have to show that the ER doctors were negligent in their treatment of the woman. Instead they have to prove that the doctors were “grossly negligent” thanks to a Texas tort reform law.
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