QUESTION

Do I have a malpractice case if my mother died 2 hours after being discharged from the hospital?

Asked on Sep 05th, 2013 on Personal Injury - Louisiana
More details to this question:
My mom died from a probable pulmonary embolism 2 hours after being discharged from the hospital. She had been on oxygen the entire week that she was a hospitalized and was doing better. She was discharged with no oxygen prescribed. No autopsy was performed. Do I have a malpractice case?
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5 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Probably not, but consult with a local malpractice attorney. He or she will know better.
Answered on Sep 09th, 2013 at 11:34 AM

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Ronald A. Steinberg
It depends on her symptoms on discharge from the hospital. You need to understand that emboli are caused by blood clots breaking loosed from the walls of blood vessels or from blood cells ripping due to the rough interior surfaces of blood vessels in people with atherosclerosis. Often you cannot predict if or when it will happen. So, unless there is something in her last entries in the hospital records that suggest that she was in the process of, or likely to have an embolus, there is probably nothing to prove malpractice. I am NOT a doctor, although I have a strong background in biology.
Answered on Sep 09th, 2013 at 7:30 AM

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Thomas Edward Gates
Not likely. Need medical records for direction.
Answered on Sep 06th, 2013 at 8:50 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at 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. A bad result is not enough. You will need to get copies of ALL of your mother's medical records and have a doctor review them; if he/she is willing to testify that the hospital failed to conform to accepted practice, then you may have a case. The lack of an autopsy report hurts, but does not necessarily prohibit the matter from proceeding. Even if malpractice can be proved however, there may be some question about the practicality of going forward. These cases are always difficult, expensive and time-consuming. In NY and some other states as well, the measure of damages when someone has died is severely limited.
Answered on Sep 06th, 2013 at 8:20 AM

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Plaintiffs Personal Injury Attorney serving New Orleans, LA at David A. Easson
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You need your mother s medical records reviewed by another physician.
Answered on Sep 06th, 2013 at 8:07 AM

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