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Can I sew a doctor if he released a patient from the hospital, 1st time, patient passes out two feet from hospital rooms door?
Anonymous4 views8 answers
Doctor released 94year old father in good health, from hospital. He passes out in front of nurses station, and two feet outside of his hospital rooms door. Doctor was alerted, and still released patient after hooking him back up to heart monitors. Released him a second time that day, he fell dead of a heart attack downstairs s at hospital pick up. Trying to get into my son's vehicle!
Obviously there are going to be difficulties due to your fathers age, however you can gather all the medical records and have an attorney or another doctor review to see what if anything can be done.
Sorry for your loss. A review of his medical records is necessary. Whether this should have been diagnosed and the failure to do so is a cause of your fathers death is critical. Good luck.
The loss of a family member is always hard. Deepest sympathies to you and your entire family. As a basic answer, doctors are held to a standard of care and they are subject to suit when the treatment provided falls below that standard and causes injury or death to a patient. However, medical malpractice cases are difficult as there are special statutory rules that apply and juries can tend to look favorably on doctor defendants. That being said, I agree with those that have said you should gather the medical records from the hospital AS WELL AS THE MOST RECENT 6 MONTHS TO 1 YEAR OF HIS FAMILY PHYSICIAN RECORDS and contact an Alabama attorney that has experience with medical malpractice cases. No matter the answer, I always find that family members get a level of closure just having gone through the process of having us review the matter. I hope this helps.
I'm going to go against the grain on this one.
I recommend that you put this behind you. Deal with the funeral arrangements, probate, and all the issues of having a loved one pass. Go through the grief process. Spend some time remembering good things about your father.
Do not try to find someone to blame. It will not help.
Your father was 94 years old. That's good in anyone's book. If he was that close to dying, expecting the hospital to keep him to try to prolong his existance a few day is ridiculous. You say in the first sentence that your father was in good health. You later said getting into a car over-stressed his heart. I don't have a real problem with this. He was in relatively good health for 94 years old. It was also his time to go. There is no need to place blame. There is a need to deal with the loss in a healthy manner.
You say the doctor hooked him up to heart monitors the same day. Unless there is something on the results that would cause a reasonable doctor to keep your father in the hospital, you need to let this go.
If you are just looking to make a profit from your father's death, then you will sully the memory of your father with this action; over money.
My advice is to move on with your life.
David
An attorney would need to know more about the facts and circumstances in order to properly advise you. In a medical malpractice case, you have the burden to prove with expert medical testimony that a breach of the standard of care occurred that resulted in injury. The general statute of limitations pursuant to Code of Alabama section 6-5-482, is two years to get your lawsuit filed in the state’s court system, starting from the date on which the breach of the standard of care occurred. There is also a provision that provides a statute of limitations beyond two years. The statute goes on to say that “if the cause of action is not discovered and could not reasonably have been discovered” within the two-year window, “then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier.”I recommend you consult with an attorney to investigate the matter for you. I wish you the best.
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Legal Disclaimer:
The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I strongly advise you to confer with an attorney to ensure proper advice is received and your rights are protected.
Medical malpractice cases are very difficult in Alabama. You need to have someone review the records to see if the doctors maintained the appropriate standards of care at the ER. Sometimes despite all their efforts or tests the person dies, and sometimes they have overlooked some results from a test or not requested the appropriate test to determine the conditions the person suffers from. You need to get the medical records from the hospital and possibly any other physicians that you father regularly saw and get them reviewed by an attorney who knows what they are looking for in a medical malpractice case.
Sorry to hear about your loss and it may be important to you to have the records reviewed to make sure everything was done appropriately so that you have some closure to this unfortunate situation. You have two years from the negligent acts in order to pursue the claim (if there is one). You do not need to wait as the closer it comes to two years, the harder it will be for an attorney to properly investigate this type of case.