OK so if someone went the ER at 10p.m. and the ER was completely empty and the person had bacterial meningitis but was told by the doctor that it was just an ear infection. The person refused to leave, and they were finally given a spinal tap at 6a.m. the next morning. My main question is, is this a good standing for a malpractice case. What are the chances of winning a case like this?
NOTE: the person died the day after spinal tap when antibiotics could have been started if they would have been diagnose properly.

