Failure to diagnose and treat stroke leaves man with permanent brain damage

Failure to diagnose and treat stroke leaves man with permanent brain damage

On Behalf of | Aug 23, 2022 | Medical Malpractice |

Stroke victims in Texas and other states can suffer from symptoms that may present themselves as something else. Because of this, a stroke may not be diagnosed in a timely manner if health care providers fail to perform the necessary examinations and tests. Failure to diagnose a stroke, which happened to a man in another state, left him with permanent brain damage. The man’s life was significantly impacted due to the extent of his preventable injuries. 

Providers missed the signs 

In that case, the victim was admitted to the hospital exhibiting common signs of stroke like confusion, extreme lethargy and disorientation. These symptoms went on for weeks before a CT scan was ordered. The scan showed that a subdural hematoma had caused a stroke. Far too late, the patient eventually had emergency surgery to relieve pressure on the brain.  

Carlyle Roberts now has permanent brain damage. He requires assistance with daily tasks and had to undergo therapy for over a year before he could even leave the hospital. In order to get accountability and to help cover medical bills and get medical care, his children were required to file a medical malpractice claim. His lawsuit against the healthcare organization alleged that New York City Health and Hospitals Corporation didn’t properly treat the subdural hematoma in a timely manner. An Immediate CT scan could have allowed for timely surgery and prevented permanent brain damage. 

After hearing the evidence, a unanimous jury found that the hospital staff’s failures to address the implications of an MRI scan, and failure to perform a CT scan earlier, resulted in harm to Mr. Roberts. The jury awarded over $6.5 million dollars for future medical costs, $10 million dollars for past pain and suffering, and $11.5 million for future pain and suffering. The total award was over $29 million dollars, which hopefully will provide for a more comfortable future for the victim of these devastating injuries.  

Of course, Texas victims of malpractice should be aware that non-economic damages – like pain and suffering, and mental anguish – are capped under Texas law. Even if a jury awards a large sum, courts are required to reduce the amount consistent with Chapter 74 of the Texas Civil Practice and Remedies Code. In some cases, that amount can be as low as $250,000, depending on who perpetrated the negligence. Therefore, if you are faced with a difficult situation resulting from medical malpractice, it is important that you get advice from an experienced Texas medical malpractice attorney who knows the law.

Where to turn for help  

Medical malpractice cases are challenging and difficult to pursue. The victim or their family members can often feel unsure about the legalities of pursuing a case against those they believe to be at fault. When faced with such a difficult situation, it’s beneficial to consult an experienced Texas medical malpractice attorney for advice.