sent home with severe injuries without correct treatment

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sent home with severe injuries without correct treatment

My father was taken to one hospital because of his symptoms of weakness
inability to move his legs arms and hands correctly and neck pain along with
other symptoms. They did a few tests and kept him for opservation but released
him the next day telling him it was just his chronic illnesses catch7ng up with
his age….he is 68 and has polio and back issues. The next day the ambulance
was called for him and we took him to a different hospital and were shocked to
find out he has to have a very serious surgery due to extreme pressure in his
neck pressing on his spine. If left untreated this could have paralyzed him.

Asked on January 20, 2017 under Malpractice Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the missed- or mis-diagnosis was negligent, or unreasonably careless, in that a reasonable doctor or medical care provider would have spotted the problem, then it is likely that malpractice was committed. But the fact that malpractice was committed is only half the story. The law only provide compensation for the injuries or additional costs *actually* (not potentially) caused by the malpractice. If little or no additional harm was done to your father by the error and delay, there is no point in suing: malpractice cases can be very expensive (you probably need a lawyer; you definitely need to hire a medical expert to write a report and testify) and so, with little or no harm, you could spend more, maybe much more, on the case then you could win. what "could have" happened is irrelevant--only what did happen.


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