QUESTION
In October, my daughter, age 34, died from a reaction to a transfusion. How can we know if there was a mistake made?
Asked on Oct 27th, 2014 on Medical Malpractice - Oregon
More details to this question:
After a transfusion for anemia, our daughter had an extreme reaction and hemorrhaged. The doctors at the hospital were very abrupt with the family. As a parent, I'm not sure if we have rights to medical information or if her husband has to request them. Is there a timeline on the request if we find we need to litigate? How will we know if there was a mistake leading to her death? What are our options?
1 ANSWER
I am so sorry to hear about the passing of your daughter. Regarding obtaining her medial records, you may be able to obtain them. You can submit a request to the hospital and see if they allow you to obtain them as her parents. If they do not, they may require the next of kin (her husband) to obtain them. Has an estate been opened in her name? If so, the administrator of her estate can likely also request them. I do not practice law in the state of Oregon so I cannot say what the statute of limitations is. However, it is likely anywhere from 1 year to 3 years. I recommend you work on obtaining her medical records and calling local attorneys to see if you can get a free consultation that would include a review of her medical records. A local attorney will be able to better advise you as to any state specific laws and requirements. I also recommend you discuss this with her husband. Best of luck!
NOTE: This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or has been formed.
Answered on Oct 28th, 2014 at 7:57 AM