My father went to the ER after a fall, he never saw a doctor, only a PA and a nurse, Xrays were taken of his back, he was in severe pain, after several hours the nurse came in and told my father in law and my husband he had pulled a muscle, he was discharged, he died within 3 days, not only was he not told the truth he suffered terrible pain, his back was broken, I have more information about this case, my question is do we have a case?
Country relating to Question: United States
State (if USA): Texas
Nothing this is the first time that I have researched anything concerning this,
Thank you so much for this opportunity to try and be of service to you today.
Wisdom...compassion..empathy. These are more than words for me. They are my promise to you.
I am a licensed attorney and registered nurse. I will do my best to provide you an honest and accurate answer to your important legal question.
QUESTION: "...my question is do we have a case?"
ANSWER: First of all, I am so very sorry for your circumstances and I mean every word of that remark. I offer my sincere condolences to your entire family. Here is how this works. I am a registered nurse and lawyer, both Texas licenses, with medical malpractice litigation experience on both sides of the docket (plaintiff and defense). To see if you have viable grounds for filing suit, you must have your case screened on the merits by a plaintiffs' trial attorney. If an attorney accepts the case pursuant to the customary contingency fee agreement there would be no up-front charges to you. Rather, your legal counsel would only get paid out of the proceeds of a verdict or settlement if he or she were successful in obtaining a favorable outcome and winning the case on your behalf. This can only be done through having a lawyer review your circumstances followed by a proper medical evaluation. It requires review of the medical records by an expert medical witness, which your lawyer will arrange, and it cannot be done in an online venue. The statute of limitations for filing this type of suit is two years from the date of the Negligence, pursuant to Tex. Civ. Prac. & Rem. Code § 33.001. Having said all of that, your description raises serious issues of both state and federal law. In other words, you absolutely have more than adequate grounds for having your case considered by a civil litigation attorney.
I truly hope all works out for you.
Please remember to only rate my answer when you are 100% satisfied. If you feel the need to click either "Bad Service" or "Poor Service", please stop and reply to me via the REPLY button (not RELIST) with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek. In rating my work, please realize that I am merely the messenger, meaning I do not write the laws and can only report them to you. Placing a BONUS is a nice way of expressing appreciation and will be most gratefully appreciated to allow me to continue helping customers!
Join thousands of satisfied customers by adding me to your bookmarks/favorites: Just type your future question in the text box to direct it to my personal attention.
Relax. Let's work together. Practical solutions.
After the hospital sent him home telling him he had pulled a muscle in his back, and never saw a doctor, he was in so much pain, within 3 days he died, we sent him to get a autopsy, the doctor told the family that he died due to the accident, and to be sure the file on the life insurance that it was due to the fall, he had a blood clot that went to the lung, that was caused from the break, can we or do we have a strong case against the hospital
Hello again,Thanks for writing back -- good to hear from you.
You are quite welcome -- my pleasure to be of some service!
I will be glad to comment further -- please see below.
Many thanks for your favorable rating of my work -- greatly appreciated, I assure you!
QUESTION: "can we or do we have a strong case against the hospital"
ANSWER: You have very strong ground to confer with legal counsel. All you need to do is schedule a free evaluation. I am so sorry for your loss and truly hope you see a just and fair outcome.
Take care and thanks again for choosing our service!
Attachments are only available to registered users.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).