What Do I Do to Investigate Medical Malpractice/Wrongful Death Suit?

ATS friends & community,

I'm reaching out to you with an extremely important and personal question, in hopes that someone here has had experience or at least the knowledge about what my first steps would be in investigating professional negligence and medical malpractice that resulted in my immediate family member's death.

The quick background (without making this too long-winded): my sibling was on a couple of different medications that doctors prescribed them, and they took as directed. Before the holiday season, they became ill and were not feeling well. They were visibly ill, even had yellow skin that was obviously a red flag for even someone who is not a medical professional. However, they were told to go home and rest and they would be fine in a few days.

That is not what happened - the doctors ran blood work and other tests when the doctor visit occurred, but my sibling was not asked to come back in. Shortly after that things got severely worse.

I understand that a lot of my family members do not want to dig up exactly what happened, but I want an investigation to be done. I feel that the professionals did not do their due diligence. I am not trying to provide too much information, however when my family called the doctor's office shortly after this tragedy, they immediately asked if we had a lawyer.

Based on the facts and their response, I fully believe there was negligence and that a more thorough investigation needs to take place.

Is there a government entity (maybe the state's attorney or a specific office within the department of health and human services?) or other resource I can speak with to at least get an idea of where to begin with all of this?

If others in my family don't want to drum up the pain and grief, I understand completely, but I want to at least know I tried to get some answers. I feel I owe it to my sibling and the rest of my family.

Please let me know if you have any suggestions, as it would really mean a lot to me.

a reply to: FamCore

Call a lawyer

a reply to: bender151

I'm wondering if there is anything preliminary conversations/consultations I can have before taking it to that step.

I also don't want to upset the rest of my family, so I will obviously need to speak to them before doing anything official, but shouldn't there be some type of organization that assists families with this type of thing prior to them going right to a medical malpractice attorney?

I'm so sorry for your loss FamCore. Although I don't have all of the advice you seek, I am absolutely certain of one thing. Any attorney who takes your case on in any capacity will be very, very grateful to receive from you a written account of all relevant encounters, including dates and full names. This documentation will serve as both roadmap for anyone you hire, and a reminder of exactly when or how something transpired. Continue this documentation with every phone call, even the ones ending in you just leaving a voicemail.

Were you to pursue a malpractice attorney, look for one working on a contingency, where they'll be paid after you settle. Attorneys in this type of a practice have their own investigators and methods by which they collect information. Chances are, they will investigate your claim before agreeing to take on your case. I've googled "malpractice attorney" and millions popped up all over the US. Perhaps if you google that phrase along with more geographical parameters you might actually find someone who could help you. Consultations are typically free, and going to one with this documentation will help your case to be taken more seriously because it shows you have some understanding of how to help them help you.

No hesitation on your part, just take the right steps and the rest will flow into place. You and your family do have a solid case from what you have said and so with that said remember that the Dr's and hospital have minions of attorneys at the ready. My only suggestion is to look outside your vicinity for the Attorney, out of state if possible and do a deep search to see if that Attorney is in any way connected to the Drs and hospital that are responsible.

Stay strong, keep your feet on the ground and move forward.

My deepest sympathy for your tragic and unavoidable loss

a reply to: FamCore

I just found this link: how to investigate medical malpractice

If the medical practice in charge of your sibling's care was associated with a hospital, you can ask the hospital to investigate. The article also includes some advice on what to do IF you speak with a lawyer.

a reply to: chasingbrahman

FamCore, the above info from chasingbrahman is the best advice you will get on your issue. When you meet with an attorney, you will initially receive a consultation, where you lay out the basics of your issue, and the attorney will decide how to move forward, if at all. Feel free to consult more than one before you chose on one to retain.

Best of luck, and condolences.

Hire a lawyer. Wrongful death lawsuits are like chum in the water to those sharks.

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a reply to: FamCore

Why do you have to seek your families approval to move forward? Once everything is settled just have the attorneys call them in for their portion of the monies.

Good luck, dont delay.

a reply to: chasingbrahman

Thank you for your genuine help and support - I will look further into this

a reply to: antar

I hadn't thought of the potential that a local attorney may be affiliated with the organization in question, but that is a major dynamic that I should consider before moving forward. I sincerely appreciate it antar - the dust has not settled but I am making my family proud (both those who are here and those who have now passsed). Thank you. *Respect

Yes, a lawyer, of course--not ATS. But I believe you have to have some sort of "standing" in the case here. This was a family member, but just how close are you to the person here? I mean, who had a durable right of attorney to handle affairs, medical or otherwise? If this person had a spouse, then that person is "in charge" for that sort of thing. Some random family member can't just waltz in and start a wrongful death lawsuit without cooperation from the immediate family. I mention that because you said they don't want to deal with this. And this is not going to be cheap. Finding an attorney willing to take the case on a contingency basis might be difficult unless this is a "slam dunk" kind of case.

originally posted by: FamCore
a reply to: chasingbrahman

Thank you for your genuine help and support - I will look further into this

a reply to: antar

I hadn't thought of the potential that a local attorney may be affiliated with the organization in question, but that is a major dynamic that I should consider before moving forward. I sincerely appreciate it antar - the dust has not settled but I am making my family proud (both those who are here and those who have now passsed). Thank you. *Respect

If you look for an attorney out of state, odds are high that attorney will simply refer it to an attorney in state, and probably within your city. Why? The law firm that takes out of state cases, especially malpractice type cases, are rarely barred in more than one state. So, out of state law firm take your case, but since nobody in said law firm is barred in your state, the firm flips it to a firm in your state, for a portion of any potential settlement. And many times these types of operations are settlement factories, so keep that in mind depending on what you really want out of the suit.

This is also how most class action suits are handled, where clients are from various states. The firm in the, for example, Mesothelioma commercials flips anyone that contacts them over to whoever they have an agreement with in the state that person lives in.

a reply to: schuyler

No spouse, it is my sibling and the executor of their estate is the parents, who would also likely agree that if we have ground to stand on it is worth pursuing

The twin would also be on board, as would my other siblings

a reply to: FamCore

Most personal injury lawyers will give you a free consultation.

originally posted by: schuyler
But I believe you have to have some sort of "standing" in the case here. This was a family member, but just how close are you to the person here? I mean, who had a durable right of attorney to handle affairs, medical or otherwise? If this person had a spouse, then that person is "in charge" for that sort of thing. Some random family member can't just waltz in and start a wrongful death lawsuit without cooperation from the immediate family. I mention that because you said they don't want to deal with this. And this is not going to be cheap. Finding an attorney willing to take the case on a contingency basis might be difficult unless this is a "slam dunk" kind of case.

My thoughts exactly. although I did not seek legal help myself because I thought I had no legal standing in my state because there is no common law marriage statutes here, my companion died in March 2016 and I pressured her children to pursue malpractice but they refused to do it. It won't hurt you to talk to a lawyer but don't expect them to take a case unless the person's legal guardian or spouse initiates the legal action. I don't think that requirement includes siblings.

originally posted by: FamCore
a reply to: schuyler

No spouse, it is my sibling and the executor of their estate is the parents, who would also likely agree that if we have ground to stand on it is worth pursuing

The twin would also be on board, as would my other siblings

Only the executor/administrator or a spouse can bring a med/mal case.

Request a coroner's inquest if you have that where you live. Do it ASAP.. when I lost my dad my mom and I said no when asked.. severely regret it now.

Sorry for your loss, I know how hellish it is when those that are supposed to keep us well fail us.

originally posted by: FamCore
a reply to: bender151

I'm wondering if there is anything preliminary conversations/consultations I can have before taking it to that step.

I also don't want to upset the rest of my family, so I will obviously need to speak to them before doing anything official, but shouldn't there be some type of organization that assists families with this type of thing prior to them going right to a medical malpractice attorney?

Just have a consultation with a lawyer. They will answer all of those questions, and won't tell anyone about your visit.

a reply to: CharlesT

I am so sorry for your loss...and your situation is why we finally got powers of attorney for each other.
This was even more important for us as we don't have close relatives nearby.