The family of a woman who died from a brain hemorrhage is suing the Arlington hospital where she first received emergency care.
Making it even tougher, they say laws passed by the state legislature more than a decade ago are keeping them from getting proper compensation.
The lawsuit claims Kristy Dawn Stingley was misdiagnosed with a sinus infection.
According to the lawsuit, filed Monday, the healthy 32-year-old accountant suffered a seizure in her home in December 2013.
Her husband called 911, and she was taken to Texas health Arlington Memorial Hospital.
“She was very incoherent,” said her husband, Jeff Stingley. “Didn't know what day it was, didn't know the time, Didn't know a whole lot of anything.”
A CT scan was ordered. According to court documents, it clearly showed neurological symptoms and an obvious brain bleed: big black blobs on the frontal lobe.
“Either nobody looked at this film, ‘cause even an emergency room doctor if they’re not trained in radiology could look at this and say, ‘Wait a minute; there's something going on here,’” said family attorney Les Weisbrod.
Instead, the lawsuit says Kristy was diagnosed with a sinus infection and migraine, sent home with a prescription for antibiotics and was told it was probably work stress.
Later that day, Kristy suffered another seizure at home, and then another on her way to a different hospital.
Kristy died the next day of a ruptured brain aneurism.
The lawsuit does not put a dollar figure on the amount of money the family is seeking, but malpractice claims are capped under state law.
The family's attorney says the maximum would be about $1.6 million, which in his opinion, is far less than the family deserves.
“Texas law has made it to where if you’re negligent in the emergency room, you get a free pass,” said Weisbrod.
The hospital did not release a statement; it says it does not comment on pending litigation. The two doctors named in the lawsuit did not immediately return FOX 4’s calls for comment.