Visitor Question

ER gave wrong treatment instructions for infected tissue…

Submitted By: Lana (Odessa, TX, USA)

My son was taken to the hospital via ambulance after a motorcycle wreck.

He had extensive road rash and basically a hole in his arm.

We were told to leave it uncovered and to scrub it daily. He was given pain pills but no antibiotics.

Two days later he spiked a fever so we went back to the ER where they had to do emergency surgery to remove infected tissue from hole in arm. We were basically told that the road rash needed to stay covered and no scrubbing.

We feel like the ER did not give us accurate care and if they would have it would have prevented the infection and surgery. Is this a case of malpractice? Thanks in advance for any information you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Lana,

Lana (Odessa), TX, USA:

While we don’t pretend to be physicians, it seems failing to prescribe antibiotics for the type of injuries your son sustained may constitute medical malpractice.

To have a legitimate basis for a medical malpractice claim requires proof the attending physician’s (and possibly the hospital’s) behavior varied from the standard of care in the medical community, and that as a result of that variation, a patient sustained injuries.

Medical malpractice claims should be only pursued with the advice and counsel of an experienced attorney. Your son’s best interests would be served by seeking legal representation. In malpractice claims, time is of the essence. Fortunately, most attorneys do not charge any fee for an initial office consultation. Make several appointments with several attorneys and be sure to bring along copies of your son’s medical records.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 9, 2013

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