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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.

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

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  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

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