QUESTION

Is there a statue of limitations when it comes to Medical Malpractice resulting in Death? What are the proper steps to beginning a lawsuit?

Asked on Nov 15th, 2011 on Medical Malpractice - Vermont
More details to this question:
My mother passed away after she had simple surgery done at Dartmouth Hitchcock Medical Center in Hanover. The simple surgery was to correct a back issue that started when she was 5yrs old. My mother was taken care of the last 23yrs by the same doctor that did the surgery. When she was being operated on the doctor had her in a position that dislodged a blood clot and the following day she went into Cardiac Arrest for almost 30mins at Dartmouth before the nurses taking care of her found her. My mother had several medical issues such as diabetes, thrombosis (blood clots), and was functioning with half the lung capacity due to such lung damage from her being on a breathing tube when she had ketoacidosis years prior to this situation. My mother was on no monitors at the time of the incident even though she had all these issues. The doctor knew she had blood clots, yet no precautions were taken to prevent the dislodging of any. An autopsy was done and the outcome was "Natural causes".
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2 ANSWERS

Personal Injury Attorney serving Indianapolis, IN
1 Award
Yes. Each state has statutes of limitations that apply to medical malpractice actions, including those that result in wrongful death.  The statute of limitations is different in every state. You should contact a medical malpractice attorney in Vermont to investigate this claim as soon as possible.  They will need to obtain all of your mother's medical records and have them reviewed by a physician that performs this type surgery to determine if there was a breach of the standard of care by your mother's physician.  A good place to look for a good attorney in this area is www.BestLawyers.com. 
Answered on Nov 25th, 2011 at 8:49 AM

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I am very sorry for your loss.  Yes, medical malpractice and wrongful death claims have statute of limitations.  These vary state-to-state so you need to check your state laws.  The best thing for you to do would be to request the medical records and bills from the surgery at the hospital and then consult a local attorney who specializes in wrongful death claims.  These cases are very complicated and almost always require expert testimony if they go to trial.  They are lengthy and at times, hard to prove.  Gather her medical records, death certificate and autopsy report (if one was done) and start calling attorneys.  You should be able to get a free consultation easily.  Good luck and sorry again for your loss. This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or has been formed by this information.
Answered on Nov 15th, 2011 at 3:01 PM

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