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Family of South Texas man who died in the ER files lawsuit

Friday a lawsuit was filed which sheds light on a major healthcare dilemma which affects everyone throughout Texas. Attorneys say too often people died in the emergency room because of negligence and they point out their families will never be compensated sufficiently for their loss.

Sandra De Leon lost her boyfriend and a father of 3 in 2013. She described how the hospital was more concerned with money than his life.

"This is still very difficult for me to talk about," De Leon said.

Sandra De Leon breaks down recalling the day after Christmas two years ago. She took her boyfriend 32 year old Baldomero Flores to the ER at Doctor's Hospital Tidwell for a cold.

"We were treated very wrong. It felt like no one did anything for us we got there, from what we saw the emergency room was empty," De Leon said.

But she says it took hours before he could be seen. She says the hospital wanted $300 upfront. Afterwards she says they gave him the wrong medicine. Finally when a doctor came it was too late.

"And he said there's nothing else he can do. He was dead," De Leon said.

Coroners say Flores died of anaphylactic shock. Attorneys that was caused from malpractice.

"The problem is that those three children and parents are not going to receive very much in compensation even if this lawsuit is successful. Because not only does Texas have this horrendous law but we also have caps for pain and suffering," Attorney Les Weisbrod said.

That cap is $250,000 for a family who will never see their loved one again. Willful and wanton negligence must be proven.

"Most people in this state don't know that there are hundreds of people killed in the emergency room by medical negligence and family and loved ones
of those people can't collect a dime," Weisbrod said.

For Sandra De Leon losing the love of her life has no price.

"He was an awesome boyfriend, huge heart. His words were nothing's impossible, everything is possible," De Leon said.

Attorney say the most they can get for the Flores' family is $250,000 which they say doesn't come close to what they deserve. Ultimately they want reform when it comes to the law.