What is an Example of a Medical Malpractice Case?

Medical malpractice cases are not always obvious right away, and they will need extensive investigations into the facts of the case. The main question the law asks of a potential med mal case is: Did the doctor or hospital follow the accepted medical standard of care when treating a patient? In this video, Philadelphia attorney Ken Rothweiler illustrates this point by offering an example of a medical malpractice case where a woman who went to an emergency room was not given the proper tests.

Video Transcription:

I’ll tell you about a case that I’m actually handling right now. It’s a young woman that was home one day, has three children. She started to have a headache and she’s not a hypochondriac. She didn’t run to, you know, her doctor right away but over hours that headache got worse and worse and worse, to the point it was probably the most severe headache she had ever had in her life. She went to the emergency room of a local hospital. They had her sit in the emergency room for three hours without ever seeing a doctor. Then the doctor came in and basically gave her an examination for less than 10 minutes, probably about eight or nine minutes and then sent her home prescribing Tylenol for her. That night what happened was she had an aneurysm in her brain which was causing her headache. That aneurysm burst, she had a cerebral hemorrhage, which is blood now filling the space in the brain. She had a stroke and now she can’t walk. She can’t talk and she can’t think. She’s been totally devastated and the only thing they needed to do when she was in the hospital was to do a CAT scan. But CAT scans cost money. So, there’s always a determination by a doctor whether you as person coming in, whether they should do a CAT scan on you or not. I would suspect maybe she didn’t have the right level of insurance. Because I think if I went there as a lawyer, I think they would have CAT scanned me immediately. And had they CAT scanned her they would have found this aneurysm. They would have surgically treated it and she wouldn’t be in the state that she’s in today. So, it’s real important to treat all people the same way when they’re in that emergency room. It’s part of my argument that I make in a courtroom. For more information go to ERlegal.com.