QUESTION
Will I still be able to find out what caused my mothers death?
Asked on Oct 15th, 2013 on Medical Malpractice - Illinois
More details to this question:
Mother died January 30, 2010 according to her death certificate it was from complications due to her diabetes, sarcoidosis etc. No autopsy was done on her to determine the true cause of death. Asked the emergency room doctor if one had been done she said no and I asked her if she could do one she said no because my mother died at home, I never been comfortable with that answer feeing just as if they were hiding something or just being lazy. My mother had just recently had surgery to have a device put in to keep oxygen going to heart that same month, her doctor on several occasions sent her home with swollen legs and I eventually would have to take her to the emergency room those doctors will tell me that she should have never been sent home like that. So in some ways I believe her doctor was negligent in her care and the emergency room doctor was negligent in diagnosing the cause of death.
1 ANSWER
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John J. Ratkowitz
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State law dictates when a hospital has to perform an autopsy. I do not know what the law is in Illinois, but I investigate cases all of the time involving a death in which no autopsy was performed. Experts can determine the cause of death by looking at the pertinent medical records. If the cause of death listed by the doctors on the death certificate was wrong, an expert in a medical malpractice case should be able to make that determination.
From my perspective, I am not sure that your suspicions are well-grounded. Your mother had allot of underlying health problems that could have contributed to the outcome. Beyond that, I think that there will be questions about whether any 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 Oct 16th, 2013 at 11:13 AM