QUESTION
Can you sue a hospital when they release a patient and 33 hrs later dies of a heart attack that never has heart trouble or no high cholesterol?
Asked on Oct 16th, 2012 on Personal Injury - Montana
More details to this question:
Never no kind of heart problems he has dementia 65 yrs old.
10 ANSWERS
Steven D. Dunnings
Can you prove negligence on the part of the hospital, aside from what you might think was negligence?
Answered on Jun 26th, 2013 at 11:51 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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You can try. Was there an autopsy?
Answered on Jun 26th, 2013 at 11:49 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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No unless you can prove that they were negligent and they caused the death.
Answered on Oct 23rd, 2012 at 3:45 PM
Ronald A. Steinberg
Get the records from the family doctor, any other treating doctors, and the complete hospital records. Then, get to a competent lawyer who knows how to handle a medical malpractice case. At some point, the records will need to be reviewed by an expert who will determine if there are any "red flags" in the previous records which would have put the hospital and any examining doctors on notice of an underlying heart condition. If there are not, and if there is no previous heart condition noted, then there may not be a case. However, everything must be reviewed by a competent doctor. To get to that doctor, you need a competent lawyer.
Answered on Oct 17th, 2012 at 1:05 PM
Thomas Edward Gates
You will have a hard time proving there is a link between what he went to the hospital for, treatment given and the heart attack.
Answered on Oct 17th, 2012 at 1:02 PM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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It depends on whether the patient had signs or symptoms that should have alerted the hospital to do a heart workup, and whether, had that workup been done and appropriate treatment been given, that the patient either wouldn't have had the heart attack or that he would have had it but would have survived it. In short, if there was no reason the hospital had to suspect it, very likely there is no case.
Answered on Oct 16th, 2012 at 3:29 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Depends on if they had a reason to keep him. Blood work or ecg results need to show a problem.
Answered on Oct 16th, 2012 at 3:28 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. Expert witness testimony is required. You would have to show either that the hospital did something to cause the heart problems, or that they should have detected the heart problems and addressed them before releasing the patient.
Answered on Oct 16th, 2012 at 3:27 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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It depends on the facts. People die of heart attacks every day. Unless he was hospitalized, in part, because of cardiac symptoms as well as dementia, probably no lawsuit is provable.
Answered on Oct 16th, 2012 at 3:27 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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He probably had a heart condition that had never been properly diagnosed. Obviously, it killed him. A heart problem can kill you or m e at any time too.Heart? Or something else? It might matter to know why he was there before you criticize the hospital for releasing him . you did not say why he was in the hospital. IN any event it is a medical issue not a legal issue. You need a medical doctor to review the chart and give you an opinion whether there appears to be any fault of the hospital.
Answered on Oct 16th, 2012 at 3:27 PM