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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87229
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a question about medical mal practice. Recently my

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I have a question about medical mal practice. Recently my Mother was in the hospital with pneumonia and she was given a false diagnosis and was denied treatment. we were told that she was going to die and to take her home and let her die there. This diagnosis was completely falsified and she almost did die as a result. What can we do about this?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your mother's situation. This may indeed be a case of medical malpractice.

In a medical malpractice case in Texas, the plaintiff must prove that:

(1) the defendant (the physician or medical entity) owed her a duty to act according to an applicable standard of care,
(2) the defendant breached the applicable standard of care,
(3) she suffered an injury as a result (i.e. her almost dying), and
(4) within a reasonably medical probability, the defendant’s breach proximately caused her injury.

Mariner Health Care of Nashville, Inc. v. Robins, 321 S.W.3d 193, 205 (Tex. App.—Houston [1st Dist.] 2010, no pet.).

As such, this may be medical malpractice. May I recommend the Texas Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Very often, this is settled without even the need to go to Court, as the insurance that covers the medical entity/physician will offer to settle out of court to avoid litigation.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

I believe this situation fits all 4 points. (1) they told me her pneumonia was self acquired "aspiration pneumonia" when the emergency room diagnosis was "hospital acquired" pneumonia.


(2) breaching standard of care was the fact that they were ready to discharge her to Hospice Care at home with no antibiotic treatment.


(3) the injury was almost dying due to postponed antibiotics and she was denied food or fluids causing her to lose maybe 20 pounds in a week and almost losing the ability to eat due to weakness and atrophy (4) they continued to force me to disconnect her from fluids and antibiotics and they took her off of fluids and refused to give her food or drink. Do you agree that this meets the criteria?

Expert:  Ely replied 1 year ago.
Hello friend,

Thank you for your follow up.

Do you agree that this meets the criteria?

I do. However, me agreeing does not mean anything. The final people who you want to agree are 12 jurors in a jury box, of course. But, about 90% of such claims are settled OUT of court, initiated by an attorney's demand letter. Insurance companies are risk averse, and normally settle once they see that there is a prima facie (on the face) case.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87229
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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