QUESTION
Needed to know how much it would cost to pursue this, and what the chances are of living.
Asked on Jul 03rd, 2012 on Medical Malpractice - Virginia
More details to this question:
My Grandmother who raised my sister and I died on March 12, 2012 due to radiation treatments.
After she was diagnosed with a large, quick growing tumor they decided to giver her large doses of localized radiation for 10 days, 4 days a week for about 2 1/2 weeks. The tumor was located behind her left lung and they ended up burning her bad near the bottom of her esophagus which ended up with her needing a feeding tube.
My aunt had talked to one of the doctors in radiation and they informed her that they also burned holes in her lungs which ultimately killed her. My sister was also in my grandmothers hospital room shortly before she died.According to my sister on that day, My grandmothers nurse walked in and my grandmother asked if the cancer was killing her, and the nurse responded no, she was dying from radiation burns.
My grandmother had no one in her will which would be legally aloud to obtain her medical records after death, but I am interested in obtaining these files.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office.
You should contact a local medical malpractice attorney (one in your state). The big question is whether your grandmother's claim is financially viable given her advanced age and her underlying disease.
Below are some articles that you may find helpful. Although they are written for my clients in New Jersey, most of the concepts carry over to other jurisdictions.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This addresses the issue of financial viability.
Click here for an article that explains what you can expect when filing a 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 Jul 04th, 2012 at 1:48 PM