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  1. #1

    Default Mother Died Because Hospital Didn't Treat in Timely Fashion

    My question involves medical malpractice in the state of: Texas. My mom was taken by ambulance to the closest er for vomiting blood and infection present on her face. She arrived at the hospital at 8pm. After running her insurance card they wanted to send her to a community hospital. Turns out they said her insurance was cancelled but it was due to her being on disability from where she worked and the company not reporting her payments timely. She did have health coverage. By 4am another hospital took her and immediately put her in icu where they incubated and sedated her. She sat untreated for 8 hours in liver and kidney failure at the first facility. I have contacted many attorneys but no one will help. I believe it has to do with getting past the office assistant. Any suggestions?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Mother Died B/C Hospital Didn't Treat in Timely Fashion

    there are rules as to what a hospital must do in any situation. http://www.emtala.com/faq.htm

    Any patient who "comes to the emergency department" requesting "examination or treatment for a medical condition" must be provided with "an appropriate medical screening examination" to determine if he is suffering from an "emergency medical condition". If he is, then the hospital is obligated to either provide him with treatment until he is stable or to transfer him to another hospital in conformance with the statute's directives.
    If the patient does not have an "emergency medical condition", the statute imposes no further obligation on the hospital.
    3. What is an "emergency medical condition"?

    An attempt is made by the statute to provide a definition, but as usually happens, the legal definition leaves much to be desired. The determination is ultimately a medical one rather than a legal one. That is not to say that it is sheltered from review. As is the case with any medical decision, it must often be made quickly, with such information as is available, and is subject to critical retrospective review by physicians testifying as expert witnesses in the alien setting of the courtroom, in the event of litigation.

    The definition provided under the statute is:

    "A medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in --
    placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy,
    serious impairment to bodily functions, or
    serious dysfunction of any bodily organ or part, or


    "With respect to a pregnant woman who is having contractions --
    that there is inadequate time to effect a safe transfer to another hospital before delivery, or
    that the transfer may pose a threat to the health or safety of the woman or her unborn child."

    -----------------------------------
    so, depending on what she presented with, they may have had a duty to treat, regardless of the insurance situation. If they did and refused, then they are have acted improperly. It is impossible to determine from here if she met the requirements that would demand she be treated or not. If there was no duty to treat, there was no duty to treat and they did nothing wrong.

    Since you appear to be having difficulty even scheduling an appointment with an attorney, I would suggest the facts tend to support the hospital's actions were proper.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Mother Died B/C Hospital Didn't Treat in Timely Fashion

    Or that the case would not be cost-effective to file, given the realities of Texas "tort reform" and damages caps.

  4. #4

    Default Re: Mother Died B/C Hospital Didn't Treat in Timely Fashion

    She was transferred to the other hospital with a fever of 104 by ambulance throwing up blood. She was disoriented and incapacitated. The way she was treated was disgraceful. I am a nursing student and everything that happened was an epic fail. From the paramedics to the nurses to the physicians. The doctor had to have known something was up. He said twice before dumping it to the other facility that they were "thinking" about admitting her. I received her hospital bill from where she passed and it was $317k. Now I may not be the brightest bulb but that sounds like there was something of an emergency going on.

  5. #5
    Join Date
    Oct 2006
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    supratentorial region
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    818

    Default Re: Mother Died Because Hospital Didn't Treat in Timely Fashion

    Quote Quoting Texas justice
    View Post
    My question involves medical malpractice in the state of: Texas. My mom was taken by ambulance to the closest er for vomiting blood and infection present on her face. She arrived at the hospital at 8pm. After running her insurance card they wanted to send her to a community hospital. Turns out they said her insurance was cancelled but it was due to her being on disability from where she worked and the company not reporting her payments timely. She did have health coverage. By 4am another hospital took her and immediately put her in icu where they incubated and sedated her. She sat untreated for 8 hours in liver and kidney failure at the first facility. I have contacted many attorneys but no one will help. I believe it has to do with getting past the office assistant. Any suggestions?

    She presents at the ER vomiting blood and an "infection present on her face". She is transferred to another hospital in liver and kidney failure, where she is intubated (I assume you didn't mean incubated) and sedated. The Physician must have ordered diagnostic testing, which indicated the organ failure, during the time she was at the first hospital.

    Could it be the first Physician, while "thinking about admitting her", recognized the fact that that the second hospital may have been better equipped to treat her newly diagnosed & very serious issues....possibly a university teaching hospital?

  6. #6
    Join Date
    Feb 2011
    Posts
    1

    Default Re: Mother Died Because Hospital Didn't Treat in Timely Fashion

    so, depending on what she presented with, they may have had a duty to treat, regardless of the insurance situation. If they did and refused, then they are have acted improperly. It is impossible to determine from here if she met the requirements that would demand she be treated or not. If there was no duty to treat, there was no duty to treat and they did nothing wrong.
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