QUESTION

negligence while @ a hospital

Asked on Feb 02nd, 2016 on Civil Rights - New Jersey
More details to this question:
A family member was in a hospital when she died. She had cancer but while @ the hospital she had bed sores, a defective peg tube & other issues due to the hospital. She had an autopsy by the hospital & i paid for a private autopsy as well. Right before she died she had a blood transfusion. I believe because of the poor care it excelerate her condition into failing faster that what it should have been. What questions should i ask the the autopsy performer before i present my case to a lawyer? Thank you.
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1 ANSWER

Anthony Van Zwaren
I think the person you hire to do the private autopsy, who can review the state's autopsy would be the person best qualified to see whether there were issues in terms of  negligent care. You may then wish to have the autopsy reports. There are also specially trained forensic nurses who have been trained to review records (hospital and autopsy reports) who will often be able to spot issues as to deficiency in care that may be able to assist you before bringing the case to a lawyer. Be advised that a lawyer who takes a medical malpractice case will also have to have the records reviewed by a doctor or nurse in the field in which the alleged negligence occurred to provide an affidavit of merit to certify as an expert that there has been a dereliction in the level of professional care. In other words that someone, doctor or nurse, etc. failed to meet the reasonable standard of care expected from that professional. Usually this means a board certified radiologist to comment on a radiologist's report, an orthopedist for an orthopedist, etc.
Answered on Feb 06th, 2016 at 10:18 AM

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