QUESTION

My father passed away in February of this year. The official cause was pneumonia; however, the secondary cause was emphysema and COPD.

Asked on Aug 04th, 2012 on Medical Malpractice - Virginia
More details to this question:
He suffered from both conditions for many years. His PCP treated him with spiriva, and a nebulizer; however in all the years he suffered, he was never sent to a pulmonary doctor, heart doctor, etc. for treatment. It wasn''t until the last 6 months of his life that his PCP put him on oxygen. He became sick on January 30th, and was rushed to the hospital and died 7 days later. Although I know he was sick, and had been for years, it is my opinion that any signs of a respiratory condition, especially one as advanced as his, should be directed to a pulmonary doctor or cardiologist for treatment. He was 74 years old and while he would have eventually succumbed to his sickness, his quality of life could have been better if he had received proper treatment and perhaps added some time to his life.
Report Abuse

1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
Update Your Profile
I think you are speculating when you conclude that a referral to a cardiologist or a pulmonary physician would have resulted in a better quality of life for your father.  A good internist can often provide palliative care that is comparable to the care provided by a specialist. Beyond that, because your father already had a pre-existing condition that contributed to his problems, the damages in the case will be the "difference" that the referral would have made on your father's overall condition. This is going to raise issues about whether or not the case is financially viable. That aside, if you do want to investigate a medical 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.  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. 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 Aug 06th, 2012 at 1:53 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