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Is this Medical Malpractice/Wrongful Death Case?
Anonymous2 views2 answers
My mother-n-law passed away in November 2009. Janurany she started to have all sorts of medical problems(she had some before but nothing like these).She was hospitilized atleast a half dozen times since Jan 2009. Sometimes for up to a weeks time. The hospital kept sending her home. In Aug/Sept we moved her from her 3rd story apt after her last hospital stay and she could no longer breath to get upthe stairs. She was airlifted to another hospital at the end of sept where she spent Sept28-Nov 8th. On Oct 31 they told us she had Adenocarsonoma lung cancer that already had spread throughout her whole body the oncologist said she had had it for about 8-10months and there was nothing they could do/too late to save her. She came home from the hospital and died 3 days later.
Your question is very difficult to answer without a thorough review of the medical records by a qualified medical expert. When an attorney looks at a medical malpractice case he or she may be able to review the records an form an opinion on whether further investigation is warranted. An evaluation is made regarding the potential damages an likelyhood of recovery. This cannot be done without a detailed conference with the family and most likely a review of medical records. An attorney who practices in the area of medical negligence will usually give you a free consultaion. You can go to www.findlaw.com to search for an attorney in your area.
Whoever is in charge of your mother in law's estated will need to get her medical records in
order to get an answer to your question as to whether there was negligence or malpractice
that caused her signifigant injury. You should know that lung cancer is a difficult condition to
successfully treat and once it has spread to distant organs has a poor prognosis. If there was
a delay in providing her treatment, you would still have to prove through medical expert
testimony that she would have had a different outcome if treated sooner. Sorry for your
family's loss, I suggest you contact a local malpractice attorney and be mindful of the time
limitations for bringing a legal claim of this sort in your State.
DISCLAIMER:
Please note well that this reply is merely informative. It should not be the basis of any decisions you make regarding your legal rights as far too little information has been provided to supply a solid legal opinion. Also, you should be aware that all jurisdictions impose time limits ("statutes of limitations") within which suit must be properly commended, and the failure to do so will supply an absolute defense to the claim. You should consult further with us or another attorney if you wish to investigate or pursue the matter further.
