Family Files Medical Malpractice Suit After 6-year-old Son Dies

Tuesday, February 25, 2014

Family Files Medical Malpractice Suit After 6-year-old Son Dies

Written by Malman Law, reviewed by Steve J. Malman.

The family of a 6-year-old Texas boy has filed a misdiagnosis lawsuit against the Children’s Medical Center after a misdiagnosis led to their son’s death.

Robert Llanas Sr. and Cristalh Mendoza filed the suit, claiming that after the boy, Roberto Carlos Llanas, Jr., was admitted to the medical center owned by the University of Texas, emergency physician Dr. Abbie Leigh Smith did not diagnose his condition in a timely manner. The claim also says Smith was negligent with her diagnosis, failed to order proper testing and ultimately misdiagnosed him, leading to his death.

In this medical malpractice suit, the family said they admitted Llanas, Jr. to the Children’s Medical Center after he fell on concrete, hurt his back and complained of back and abdominal pain. Once admitted to the hospital, a nurse documented that he was in great pain and had turned pale. Smith diagnosed him with constipation and prescribed him anti-vomiting medication and enemas. After taking these medications, hospital members discharged Llanas Jr. from the hospital; he died four hours later. The autopsy showed Llanas, Jr. had significant internal injuries, as well as a lacerated kidney and an abrasion to his left chest wall.

How Common Are Misdiagnosis?

Unfortunately, misdiagnosis lawsuits are more common than you may think. For every 1,000 patients hospitalized, 155 have misdiagnosed cases. One study found misdiagnosis rates for ICUs can even reach 20 percent for all admitted patients. In a recent survey, 96 percent of doctors claimed they think they can prevent misdiagnosis cases, yet half said they have misdiagnosed a case within the last month. Whether doctors do not perform enough tests or they are simply negligent when examining a patient, misdiagnosis cases are unacceptable.

Has Your Loved One Been Misdiagnosed?

When a doctor gives your loved one an incorrect medical diagnosis and he or she later has complications because of it, you are undoubtedly frustrated and want to seek justice. After your loved one has had an incorrect diagnosis, medical staff may have provided incorrect medications leading to further medical problems, or, as in Llanas, Jr.’s case, even death. The justice system needs to hold negligent doctors and other medical staff responsible after a wrong diagnosis. A medical practice lawyer can help you in filing a malpractice suit to seek for medical damages, both current and future.

To get started with planning your misdiagnosis lawsuit, contact Malman Law. We can help you with the legal assistance you need in this trying time.