Found an issue on this page? Let us know and we will look into it as soon as possible.
Should I file a medical malpractice complaint?
Anonymous2 views2 answers
My son's father had a history of prescription drug abuse. He had been to a rehab facility MULTIPLE times in the last 3 years as a result of prescription drug overdose. After his second overdose in January of 2009 I personally called to leave a message with his doctor that he had overdosed on Xanax and ended up hospitalized twice in a matter of 3 weeks. Because of tox screens and his own admissions the hospitol knew exactly what prescription drugs he overdosed on. The same doctor at the same hospital kept prescribing the medication as well as Abien and Oxycotin (after a total of 4 overdoses and 3 forced treatment stays) and on June 10, 2011 my son's father again overdosed on these medications and ended up dying. Our son is only 17 months old. His father was only 24 years old...??
No you should not file a medical malpractice complaint. Only an attorney in your jurisdiction thoroughly familiar with all of the legal and procedural traps in the statutory and other law applicable to medical malpractice should consider the possibility of doing the screening, records review and other analysis required prior to considering the possibility of going forward with a complaint.
My office handles personal injury cases in Massachusetts and New Hampshire. However, the above universal concepts are true in all 50 states.
Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
Your narrative strongly suggests malpractice; however, a thorough review of the medical records is necessary to offer a meaningful opinion.
In a situation such as you've described above, it is usually the attorney for the Executor or Administrator of the deceased's estate that initiates the lawsuit, but your son may also have a cause of action.
All states have time limits for filing these type of lawsuits, so you should most definitely consult with a local medical malpractice attorney, at your earliest possible opportunity. I also recommend you take the initiative to consult with two or three local attorneys before you make any decisions because there may be more than one opinion on if/how to proceed, and it is wise to consider your options carefully. Good luck!
