QUESTION

Is this a case of medical malpractice?

Asked on May 09th, 2013 on Medical Malpractice - Texas
More details to this question:
My mother was taken to Good Shepherd by ambulance on March 29, 2013 with complications breathing and abdominal pain. She arrived at the hospital alert in stable condition. Shortly after she went into cardiac arrest and was revived by cardiac defibrillation. She was then diagnosed with stage IV B cervical cancer and we were told she would be kept in ICU for a few days to be monitored. After they moved her to ICU, she became lethargic and was intubated for the second time within hours, and kept under sedation. She lost movement in her left side within 2 days and we were told it was the mass in her brain. Finally, after 8 days of asking for an MRI, she received one, the results came back and there was no trace of cancer in her brain but, numerous signs of stroke that went unnoticed under the care of hospital personnel. They ignored our request for transfer and withdrew life support on April 6th, 5 days later on April 11th, she aspirated and passed away.
Report Abuse

1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
Update Your Profile
Obviously, if your mom arrived at the hospital and was misdiagnosed with cervical cancer and this caused people caring for her to (a) not address the real medical issue that was causing her problems, and (b) to operate on cruise control for the rest of the admission because the assumption was that the outcome was predetermined, you have reason to suspect that your mother was the victim of medical malpractice. At face value, it is hard to envision a scenario in which a stroke was misdiagnosed as cervical cancer, so I do wonder whether some facts were miscommunicated to you. But assuming what you say is correct, you have reason to investigate a medical malpractice case. Depending on your mother’s age and underlying health problems, there may be a question about whether the case is financially viable.   If you want to investigate a malpractice 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,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. 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. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: 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 Click here for my website. 
Answered on May 09th, 2013 at 8:42 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters