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Alleged Misdiagnosis Leads to Hospital Negligence Lawsuit

Hospital Negligence Lawsuit - Brain-Damaged FL Man Seeks $8.5 MillionA hospital negligence lawsuit has been filed on behalf of a 21-year-old man who reportedly suffered catastrophic brain damage after a misdiagnosis.  The injured victim of the alleged malpractice, Arcadio Hernandez, is seeking compensation for his losses. He may require a lifetime of medical care and assistance due to the brain damage, and the lawsuit seeks to hold the hospital who treated him responsible for his brain injury.

Plaintiff alleges misdiagnosis in hospital negligence lawsuit

The Tampa Bay Times reported on the trial, which began in early December and which is expected to last approximately two weeks. Attorneys for both the plaintiff and the defendant came prepared with evidence to argue for or against liability on the part of the hospital. The plaintiff appeared in court, walking with a cane, unable to move his hand and perhaps unaware of the events unfurling around him that would determine if he had a legal right to monetary compensation.

The plaintiff’s case arises out of a visit to an emergency room in 2010, when he was just 17-years-old. At the hospital, he was complaining of pain in or around his eye. The nursing staff and a physician’s assistant saw the plaintiff while he was at the hospital, and the physician’s assistant diagnosed him with pink eye.  A supervising physician who never saw Mr. Hernandez signed off on the diagnosis and the plaintiff left the hospital with a prescription for antibiotics.

Unfortunately, if a CAT scan had been performed or if the patient had otherwise received what his attorneys are referring to as “appropriate care,” the plaintiff’s actual health condition might have been discovered. The plaintiff had a brain aneurysm behind his right eye, which burst and which resulted in the need for emergency medical treatment that has reportedly led to his catastrophic brain damage.  Because of the extent of his injuries, the hospital negligence lawsuit is seeking more than $8.5 million in compensation for the alleged misdiagnosis.

Plaintiffs must prove misdiagnosis occurred

The defendant hospital argues that no compensation should be awarded to the plaintiff because the treatment he received was appropriate for the circumstances. Attorneys for the defendant argue that there were no symptoms that were related to a brain bleed at the time, since bleeding in the brain would cause a headache and not simply eye pain. Defense attorneys are also arguing that there are discrepancies in whether the plaintiff felt the pain on the right or the left side of his head.

To prevail in the hospital negligence lawsuit, the plaintiff must prove both that misdiagnosis occurred and that the misdiagnosis was unreasonable under the circumstances. The behavior of the treating physicians and the actions of hospital staff will be compared to what reasonable medical professionals with a similar background would have done, and the plaintiff will need to present expert witnesses to show that the care received fell short of what was expected.

The plaintiff must also show that the negligent misdiagnosis was the direct cause of harm, and must prove the extent of his losses and damages in order to receive full compensation.