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

a reply to: FamCore

I'm sorry, my heart goes out to you. I've experience something similar, twice now. I don't know where you are from, but if you are in the U.S., I wish you luck. Both times I was told by 2 different lawyers, that unless I had a doctor willing to testify against another, it was virtually hopeless. I hope you don't experience the same.

a reply to: FamCore

I have a little experience in this area and you probably will not like what i have to say.

First thing you file a complaint with the medical board but do not go into specific detail. They will investigate the medical records and do their own interviews. Refrain from providing any statement that is not objective. Don't wait on the medical board to come to your rescue and bring your case to court though -- they won't. At best they would suspend or revoke the physicians license to practice. That would bring solid ground for a lawsuit.

Second you consult a malpractice attorney not affiliated with the hospital. Probably best it's one in your state but not your city. If there is no criminal offense then chances are "the juice is not worth the squeeze" because it costs a great deal of money to bring a malpractice case to trial. Doctors from other states will need to be brought in as expert witnesses because doctors in your state will not testify against each other even if they agree someone really screwed up. If there is a criminal element an attorney might take the case on contingency. If not you will be looking at an up-hill battle.

a reply to: FamCore

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.

For me, before going to an attorney, I would first do whatever due diligence I was capable of in order to be as knowledgable and informed as possible of the challenges my relative was facing.

My first step would be to get all pertinent medical records from the doctor/facility. Get them all.

My second step would be to make a list of all the symptoms your relative presented with -- including the jaundice.

And third, a list of all medications they were currently taking, including any given for the immediate condition, and any they might have recently taken.

Then I would look for warnings and contraindications among those medications, and their primary and secondary diagnoses, etc.

I would probably start by focusing on the jaundice which, at the very least, indicates serious liver issues. What was causing the jaundice? What was done to determine the cause of the jaundice? What was done to address the cause of the jaundice?

Then I'd see where else the information takes me. You may find that the doctors did everything reasonable under the circumstances. Or you may find negligence or other breaches in protocol. But it will probably give you a better idea of whether legal action is appropriate -- and for what exactly.

Good luck and brightest blessings.

a reply to: FamCore

Contact a medical malpractice attorney. They typically give free consultations. Whatever you do, don't wait for long. The more time that goes by, the more they can cover up. If they were guilty of malpractice, they know they were. And they'll take steps to mitigate it or even cover it up entirely. That is a fact.

Sorry... for your loss. Lawyer. But understand you may have no legal right to any records due to HIPPA confidentiality, doctor-client privilege, and /or power of attorney rights. Sorry..

Give it a go at least with a call...

a reply to: FamCore

One thing I can say? Don't bother with HIPAA.

What a joke.

I had a doc who should have been flipping thrown out of the profession (I almost died) but NOPE! She got a 'warning'.

GRRR!

Hope it all works out for you, really.

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?

Did they do an autopsy?

You would probably need that, the lawyer could get it, (the report) and start from there.

But a malpractice lawyer would be a good place to start.

Consultations are usually free.

Good luck FamCore.


ETA; my brother didn't get one, even tho it was an "unattended death".

A couple of things here from my perspective on being in both sides of a lawsuit for medical issues.

Get yourself a reputable attorney. This is critical. not an ambulance chaser type. It makes a huge difference in court and will also allow you to possible settle without a trial.

Stop talking about the particulars to anybody BUT the above said attorney. Especially on social media because its all discoverable

Before you threaten the facility or MD's with a suit see if you can get a complete copy of the medical records. It usually costs some dough and time but could be worth it.

Good luck