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The Law & You

Can I Sue if a Family Member had a Stroke and Waited in the ER for 5 Hours?

The Law & You
April 1, 2015

The Law and You

Can I Sue if a Family Member had a Stroke and Waited in the ER for 5 Hours?

Dave Kuharchik: Talking today about a situation involving a trip to the ER. The guys that are joining us is always in our legal chairs, attorneys Greg Fellerman and Ed Ciarimboli, guys thanks for being here.

Ed Ciarimboli: We were waiting for some big April fool’s joke, today.

Dave: No tricks on you guys today, can’t do that to you.

Greg Fellerman: Appreciate it.

Dave: Alright here’s our question today, this is certainly not a trick neither for Nancy in Laceyville. She is wondering, “My mom was having a stroke. We called 911 and got her to a local ER immediately. She then sat at the ER are for nearly five hours. When a doctor finally saw her, he said there is nothing they could do because of how long the stroke it be going on. My mom now has permanent problems. Is there anything that we can do?” Does Nancy have a case here maybe against the hospital?

Ed: Well, Nancy to the answer is maybe and let me answer. You probably have a case of negligence in terms of the fact that your mom waited in the ER for that long. Whenever someone is having a stroke, all depending on what type of stroke it is, there’s a medication that’s called TPA that can be administered that can either completely stop a stroke or minimize the damage that has been done by that stroke. You need to give us a little bit more information so that we can make a determination as to whether you fit all the legal elements of a medical negligence case. Negligence, causation and sounds as though are damages but it does sound like there could potentially could be something there.

Greg: Again a little more information but again this is a message to the ER’s and the hospitals that people should not be sitting in ER for four to five hours, they should be getting moved through as quickly as possible especially if they’re in there with stroke-like symptoms. Again that medication is pretty instantaneous it to get it.

Ed: It’s the clot busters.

Greg: Yeah, it’s a clot busters but it could be administered. You need to call a lawyer on this one. This is something that again, it’s about getting the records, letting someone see the timing, see what could be done but you need a lawyer on this one. Definitely.

Dave: For our viewers who need help in a situation like this and they’re wondering is there medical negligence, how can they give you guys a call?

Greg: They can call us at 570-714-HURT or see us on the web at

Ed: Well as Greg said first thing you need to do is make sure you get all of the records, your mom’s records, and if your mom is in the condition where she can’t then get a power of attorney, do something proactive so that you could get those records and have a lawyer take a look at them. We’d be more than happy to review them for you, if you want.

Dave: Alright, results matter attorneys Greg Fellerman and Ed Ciarimboli, guys thanks we will catch you next time.

Ed: See you tomorrow.

Dave: Don’t forge “The Law & You” hotline is open and so is you could hit us up there and get a question here on “The Law & You.”

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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