1. How long do they take?
2. The person in question had a disease that would be fatal in ten to twelve years, but there was a medication that would probably put it into remission coming out in the next few months, does this affect the case?
3. The doctors were negligent and failed to properly diagnose the disease in time. If any of the doctors would have noted the blood work, they would have realized that it was a blood disorder not pnuemonia. The lenghth of duration of the illness on her death certificate states 1 year, she didnt start recieving treatment for the disease until January of this year. The doctors stated that if the Heart doctor and internist would have looked into the finidings she would still be alive. Does this add to the case?
4. Her insurance company denied a defibulator vest. She died because her heart stopped beating. Can the insurance company be held liable for denying something that would have saved her life? There was a doctors recommendation for it.
5. She was 60, does age play a part in it?
6. Do I have a case, or is it something to push aside? Since she had been sick for a year, and only got the proper treatment after it was too late, is this considered medical malpractice. We have the lab work and everything to prove that the disease was in effect when she was seeing the other doctors.
If you need anymore info feel free to email me.
Eisbär
Medical malpractice cases (especially about misdiagnoses) are hard to prove. The standard of care is that in which a competent professional in the same circumstances would have done. And since diagnosing blood disorders could be considered a rarity, it's possible that the doctor did not commit malpractice.
And even if he did, in a wrongful death case, the only plaintiffs that can sue are the spouse or parent (if it was a child) and they would need to get an expert to calculate the financial losses and then there's usually pain and suffering as well.
You need to see a medical malpractice lawyer in your jurisdiction to see if you have a case or if you even have any standing, as it appears you are not even the deceased's spouse or parent.
divot II
The devil's in the details, and you don't provide nearly enough. For instance, do you have a doctor, willing to testify, who will state on the witness stand that the health care providers failed to meet the professional standard of care? A casual comment to you in private is not in-court evidence. The larger law firms which do med mal cases generally have a nurse or doctor on staff who will review all of the medical records to try to determine if it is worthwhile to sue. Hate to say this, but any opinions you get here about this case are worthless. You cannot provide the medical records in this limited forum.
Orignal From: Q&A: A few questions on malpractice/ wrongful death lawsuits?
Post a Comment