Looking for a second opinion : I lost my son last August to someone crossing over in his lane… I got a lawyer DLP but today I found out there isn’t really anything he can reguarding my case to open a suit against the person who killed my son
Noah’s answer: You can always seek a second opinion by reaching out to a wrongful death lawyer
Does she possibly have a claim?: My mother (79)..went into hosp for scheduled surgery, aortic aneurysm repair, supposed to be 5 day stay but because dangerously low blood count..stay turned into 3+weeks, lots of blood transfusions..she was released to a rehab place, where she fell off a toilet on the night she arrived, she was a fall risk, she hit her head and chest, was rushed to the hospital via ambulance, where she coded 2xs and was found to be bleeding around site of surgery, and had to have emergency surgery....her stay went from suppose 5 days to 2and half months....
Noah’s answer:
There could be two different cases in theory. Not sure if you are asking about a medical malpractice case where the initial stay turned into 3+ weeks, and whether that was medical malpractice or not, but the second part of being injured in a fall when they knew she was a fall risk, is also a potential case. I would talk with someone who handles nursing home type cases and analyze whether the fall should have been prevented.
Good luck.
Noah
Can I sue my OBGYN for medical malpractice?: I had my daughter December 4th 2020. Everything was normal they sent me home. December 15th I started having heavy bleeding, horrible smells like an infection, headaches, body ache and fever. I got an appointment with my OB for December 18th. He brought me in checked my temp, no exams, no blood or urine taken, just asked my symptoms, told me it was normal right after having a baby, gave me a depression screening and sent me home. December 25th I was admitted to the ER with chronic bleeding, pale; blood clots the size of baseballs. I had an emergency D&C, lost 2.5 liters of blood and 2 blood transfusions. I had pieces of retained placenta in my uterus that wee in fact infected. I have not had a period, I get chronic stomach turning pain when I am supposed to have my period to the point of not getting up. I ended up going to a new OBGYN who set me up for a hysteroscopy. He diagnosed me with Ashermans syndrome which required another D&C surgery to get rid of the scar tissue and there was 2 Tubal ostium found as well. Do I have a case? My first OB ignoring my infection leading to the hemorrhage and blood loss and emergency surgery? Then the pain & all the appts for the last year?
Noah’s answer:
Hi, you certainly may have a case. There are a couple of things you need to understand about medical malpractice cases in Pennsylvania first though.
First, the statute of limitations for medical malpractice cases in Pennsylvania is two (2) years from the date of the negligent act or failure to act. This can sometimes be tolled or extended, but most cases are 2 years. It sounds like you are alleging that you should have be more fully examined on December 18, 2020 and that there was a delay in treatment until December 25, 2020 and as such suffered harm. Assuming that is the argument, then your statute of limitations could be December 18, 2022, but DO NOT rely on this as legal advice since I have not reviewed your actual records.
Most of attorneys reviewing medical malpractice cases look at malpractice cases backwards, with understanding the damages first. Regardless of the negligence, the value of the case has to justify the time and money necessary to pursue it.
It could be possible that a failure to properly treat led to unnecessary D&C in this case (or two) and there could be value in that. To prevail, you would need to have written testimony from another physician (in the same or similar field) that your treating Ob/Gyn doctors "deviated from the standard of care". That means simply that they were negligent in not treating you and that their inaction in this case caused harm.
I would make sure you have a copy of all your records and have them reviewed by either an Ob/Gyn if you know one, or possibly a malpractice attorney. Hope this helps some.
Noah