Free Consultations | Tap To Call Today: 1.888.625.6265

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.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

Client Review

  • "I'm very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I've been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion! "

    - Cheryl Wagemann
View More Testimonials

Know Your Rights!

Why People Choose Malman Law

You’ll want our experience on your side.
You’ll want your lawyers to be this good.

  • Credibility & Experience

    20,000+ Cases over 25 Years
  • Track Record of Success

    Over $200,000,000 Collected
  • Team of Litigation Lawyers

    Real Courtroom Experience