He was under his primary care physicians care. My dad had moderate dementia but took care of himself up to the day of being admitted into the hospital. He was required to use oxygen to assist his breathing, While under observation, he was given a drug for combative behavior which caused his breathing to suppress so much that he required life support. After three weeks of the hospital attempts to wean him off the life support, to no avail, he died. Was the doctor or hospital negligent in his care by not closely monitoring his Co2 level, once the sedation was administered. Is there a lawsuit here?
Sorry to hear about your loss. Medication reaction cases are hard, and the only way to answer your question is your father’s medical records would have to be reviewed by a medical expert to see if malpractice was committed. However, from a damages perspective it would be important if his wife and/or your mother (or minor child) were still alive because many states (like republican run Wisconsin) prohibit adult children from bringing malpractice cases on behalf of their deceased parent(s).
You probably should talk to a local medical malpractice attorney of peace of mind.
Good luck.
Medical malpractice occurs when medical personnel don't live up to the required standard of care. The situation you describe could be malpractice but may not be. Obtain the medical records and consult a personal injury lawyer who practices Med Mal.
Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (L.L.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax and SpecialNeedsNJ.com/blog for timely updates. Information on both and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.
