Texas Pulmonary Embolism Malpractice Lawyer

Trusted Texas Medical Attorneys for Failure to Diagnose Pulmonary Embolism Claims

Failure to Diagnose a Pulmonary Embolism

A failure to diagnose occurs when a physician overlooks standard clinical warning signs of a pulmonary embolism, such as chest pain or shortness of breath, and discharges the patient without ordering confirmatory tests like a CT angiogram or D-dimer blood test.

Doctors must employ differential diagnosis, a systematic method used when a patient presents with symptoms that could point to several conditions. This process involves listing possible causes and testing to rule them out. When someone arrives at an emergency room with sudden chest pain, difficulty breathing, or a persistent cough, a pulmonary embolism should remain on the list of possible causes until testing rules it out. This “rule out” principle is important because PE symptoms mimic other less severe conditions. Ignoring this step places the patient at significant risk and violates the accepted standard of care.

Too often, we see cases where that process breaks down. A patient’s symptoms get attributed to a panic attack, pneumonia, or a pulled muscle, and they are sent home without imaging or bloodwork to check for clots. A study in the National Library of Medicine on common reasons for malpractice lawsuits involving pulmonary embolism and deep vein thrombosis notes that emergency misdiagnosis is a frequent problem. These errors, often involving emergency room error, are leading triggers for PE-related malpractice claims.

The missed opportunities in these cases tend to follow a pattern:

• Failing to order a D-dimer test, a simple blood test that detects clot fragments in the bloodstream
• Not following up with CT pulmonary angiography when initial symptoms suggest a clot
• Discharging a patient with known risk factors without any VTE screening
• Misinterpreting test results or imaging studies
• Ignoring worsening symptoms during observation

Each of these gaps represents a point where the correct diagnosis could have been made and treatment started. As a pulmonary embolism lawyer in Texas, we work with medical experts to reconstruct the clinical timeline and identify exactly where the standard of care was not met.

What Is a Pulmonary Embolism and Deep Vein Thrombosis?

A pulmonary embolism (PE) is a life-threatening blockage in one of the pulmonary arteries in the lungs, usually caused by a pulmonary embolus, or blood clot, that travels from the legs, a condition known as deep vein thrombosis (DVT). Deep vein thrombosis (DVT) refers to a clot that forms in the deep veins, usually in the legs. Together, DVT and PE fall under the umbrella of venous thromboembolism (VTE), and according to MedlinePlus, PE can be fatal if not treated quickly.

The process typically starts in the deep veins of the lower legs or thighs. When a person is immobile for extended periods, whether from surgery, hospitalization, or prolonged bed rest, blood flow in the legs slows significantly. Blood begins to pool in the veins because of reduced venous return, and this stagnation creates the conditions for a clot to form.

If that clot breaks free, blood clot migration carries it through the circulatory system toward the heart and into the pulmonary arteries. Once lodged in the lungs, the clot restricts blood flow and oxygen exchange. This puts immediate strain on the heart, which must work harder to push blood past the blockage. In severe cases, a large PE can cause the heart to fail entirely.

The reason this matters from a legal perspective is that doctors have well-established tools to identify patients at risk for DVT and PE, and proven methods to prevent clots from forming in the first place.

Recognizing Risk Factors and the Caprini Score

Doctors use risk assessment tools, such as the Caprini Score, to calculate a patient’s likelihood of developing blood clots based on factors like recent surgery, obesity, age, and immobility. The Caprini Score is a standardized medical tool used to assess blood clot risk. When a hospital fails to perform this assessment or ignores a high score, it can be strong evidence of negligence.

Medical staff should use the Caprini VTE Risk Assessment, a scoring system that assigns point values to specific risk factors, to place the patient into a risk category that determines what preventive measures are required. Hospitals are expected to calculate this score for surgical patients and many other admitted patients as part of the standard of care. A high Caprini score obligates the medical team to provide prophylaxis, either through blood-thinning medications or mechanical compression devices.

The Centers for Disease Control and Prevention (CDC) reports that VTE affects hundreds of thousands of Americans each year, making risk assessment a critical part of hospital care. Common risk factors include:

Risk Factor	Why It Increases Clot Risk
Postoperative recovery (especially hip or knee)	Tissue damage and immobility activate clotting
Prolonged hospital stay or bed rest	Reduced blood flow causes venous stasis, the slowing or pooling of blood in the veins
Obesity	Increased pressure on veins in the pelvis and legs
Cancer or chemotherapy	Cancer cells and treatments can promote clot formation
Pregnancy or recent childbirth	Hormonal changes increase blood clotting factors
Hypertension	Associated with vascular damage and clot risk
Age over 60	Vein function declines with age

When a patient has multiple risk factors and the medical team does not act, we examine whether the Caprini assessment was completed, documented, and followed. That gap between what should have been done and what actually happened is often where the malpractice lies.

Proving Malpractice in Pulmonary Embolism Cases

Malpractice is proven by demonstrating that the medical provider deviated from the accepted standard of care, either by failing to assess risk, failing to prescribe anticoagulants, or failing to interpret diagnostic tests accurately, and that this deviation directly resulted in injury or death. The standard of care is the level of care a reasonably competent healthcare professional would provide under similar circumstances.

VTE prophylaxis refers to the preventive use of mechanical compression and anticoagulant medications for patients at elevated risk. A study published in PubMed Central comparing chemical and mechanical prophylaxis of venous thromboembolism confirms that both methods are effective and widely recognized as necessary interventions. When a hospital fails to use either approach for a high-risk patient, that omission can form the basis of a negligence claim.

As a Texas PE malpractice attorney, our team examines several categories of potential liability to identify all liable providers:

• Failure to prevent: Not prescribing anticoagulants such as Heparin or Warfarin, or failing to use mechanical devices like pneumatic compression devices (SCDs) or TED hose (compression stockings) for at-risk patients
• Failure to diagnose: Not ordering CT pulmonary angiography (CTPA), the gold-standard imaging test for detecting blood clots in the lungs, when symptoms warranted it
• Failure to treat after diagnosis: This involves administering incorrect dosages of blood thinners. It can also include not considering a vena cava filter when anticoagulants were contraindicated
• Nursing failures: Nurses who observe warning signs must escalate concerns through the nursing chain-of-command. Failing to advocate for the patient when a doctor misses a clot can create separate liability

Our in-house medical staff includes nurse practitioners and board-certified patient advocates who previously worked in the hospital systems they now challenge. They review clinical records to determine whether prevention protocols were followed, whether nursing staff escalated appropriately, and whether the treating physicians met the standard of care. Former defense attorneys on our team help us anticipate how hospitals and their insurers will try to justify these failures.

Compensation for Pulmonary Embolism Injuries in Texas

Patients and families harmed by PE malpractice in Texas can recover economic damages for medical bills and lost wages, as well as non-economic damages for pain, suffering, and physical impairment, subject to state-imposed caps. Non-economic damages refer to intangible losses such as physical pain and emotional trauma.

Economic damages cover the financial losses that result from the injury. These include:

• Past and future medical bills, including hospitalization, surgeries, and ongoing treatment
• Lost income and reduced earning capacity
• Rehabilitation and long-term care costs

Non-economic damages address the personal toll of the injury, including physical pain, emotional suffering, loss of enjoyment of life, and physical impairment. Under the Texas Civil Practice and Remedies Code, Chapter 74, non-economic damages are capped at $250,000 against all physicians and individual healthcare providers combined and $250,000 per healthcare institution, up to $500,000 total for institutions. There is no cap on economic damages.

Many pulmonary embolism cases are fatal. In wrongful death claims, surviving family members can seek compensation for losses like companionship and mental anguish. Families can also recover funeral expenses and the financial support the deceased would have provided, ensuring future financial security. As malpractice lawyers for pulmonary embolism cases, we work to document the full scope of each family’s loss so that no category of damages is overlooked.

Contact the Texas Healthcare Malpractice Attorneys at Hastings Law Firm Today for Help

If a pulmonary embolism was missed, misdiagnosed, or left untreated, you deserve to know whether the medical care you or your loved one received met the standard. Time limits apply to medical malpractice claims in Texas, so early action helps preserve important evidence and protect your right to file.

Hastings Law Firm focuses exclusively on medical malpractice. Our team includes former defense attorneys and in-house medical staff who understand the internal protocols hospitals use to assess risk. As a Texas Pulmonary Embolism Malpractice Lawyer, Tommy Hastings and his team prepare every case as if it is going to trial. This trial-ready approach puts our clients in the strongest possible position during negotiations or in the courtroom.

Tommy Hastings is board-certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a distinction held by less than 2% of attorneys in the state. There is no fee unless we recover compensation for you. Contact us today for a free, confidential case evaluation, and let us help you find the answers you deserve.