It is hard to tell you whether it is a viable medical malpractice case. When patients have uncontrollable pain and no hope of recovery, doctors will often increase pain medication to the point where it causes respiratory distress. The doctor is trying to provide relief for the patient who is suffering and waiting to die, and it is a very fine line. I think the issue you need to focus on is what was your Dad's prognosis? If he had a chance of recovery, then I would definitely investigate a malpractice case. If he did not, then I do not think you have a viable case on damages, and probably not on liability either, given the circumstances.
If you do want to investigate a case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Click here and here for more information about me.
Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Answered on Oct 25th, 2012 at 10:03 AM