Can a hospital be sued for misdiagnosis resulting in further injury to an elderly person?

My mother was taken to our local emergency room with symptoms of dizziness and sever leg cramps. Her blood pressure was 194/88 but they did not seem concerned. After some testing, they diagnosed her with vertigo and sent her home with a prescription even though we expressed concerns of her blood pressure. the next morning, she was walking to her front door and had a dizzy spell, blacked-out and fell and fractured her hip. The 2nd trip to the ER revealed that she’d had a stroke which caused the dizziness. She had surgery and going through rehab but is struggling due to the effects of the stroke.

Asked on July 11, 2012 under Malpractice Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written it is entirely possible that the hospital that initially treated your mother could be sued for medical malpractice. However, in order to have a basis for bringing a suit you need to establish that the facility fell below the standard of care of a hospital and as a proximate result your mother suffered greater damages than she normally would have had she been taken care of properly.

As such, I suggest that you consult with a medical malpractice attorney and a hospital standard of care expert as to any factual basis for a legal action against the hospital on behalf of your mother.


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