QUESTION

My mother had fluid removed from around her heart on May 13, 2012. The Dr. caused additional bleeding that resulted in her death. He had admitted this

Asked on Jul 23rd, 2012 on Wrongful Death - North Carolina
More details to this question:
We have met with the hospital risk manager and he had decided that the hospital is not responsible but has offered a settlement amount of $50,000. He says this is not an admission of guilt. If the hospital does not feel that anything wrong happened then why any offer at all. We requested my mother''s records 33 days ago and have not yet received any information. Is there any thing we can do at this juncture? Is this indeed wrongful death or malpractice. The Dr. performing the procedure has been doing it for 21 years and has never had this happen. The other Dr''s involved said they had not head of or ever seen this happen before. They are treating this as an anomaly. I disagree with them as well as my father and brothers. We have been given until 7/27 to decide whether to accept the offer of $50,000. Please advice us if you will. Thanks, Jon McCorkle.
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1 ANSWER

Plaintiffs Personal Injury Attorney serving Charlotte, NC
2 Awards
I am assuming that the procedure your mother had performed was a pericardiocentesis. Was it being performed for diagnostic purposes or was she being treated for a cardiac tamponade? this would be important, because in North Carolina a different standard of care applies to emergency services.   In either situation, because this is a invasive procedure, there is a risk of damage to adjacent organs and structure. Was an autopsy performed? having that information would be helpful in deciding whether her death was to medical malpractice.   I would not necessarily infer negligence from the fact that the hospital has made some offer. Furthermore, any offer made by the hospital would be inadmissible in court as evidence of liability. The stature limitations in North Carolina on a wrongful death action is two years from the date of death. The only way to determine whether or not you have a case would be to obtain complete copies of your mothers medical records and have them independently reviewed.
Answered on Jul 24th, 2012 at 10:08 AM

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