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Can I sue a doctor for negligence/ malpractice ?

Buffalo, NY |

my mom was on comp and seeing a pain management dr. the dr prescribed her drugs that were too strong and my mom passed away. she also had a settlement comping to her, my dad wants to see what happens with that and press charges. im not sure what to do or who to turn too, all I know is my mom is gone because of the drs meds. the medical report states that it was an accident.

The death certificate states it was an accident. This is why i'm asking what to do.

Attorney Answers 7


  1. Contact a local medical malpractice lawyer to review the medical records to see if there is mslpractice.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. You need to consult a medical malpractice attorney to have the records reviewed to determine if the standard of care was breached by the treating physicians.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  3. You won't know if there is something worth doing unless your father consults with a local medical malpractice attorney.


  4. A doctor will have to express an opinion that the was malpractice. Consult with a medical malpractice lawyer.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  5. "Pressing charges" relates to criminal conduct, and I don't think your father means that, although I have been involved with cases in which the malpractice also constituted criminally negligent homicide. Her settlement will proceed to be distributed commensurate with her estate provisions in a will or other post mortem device, even if imposed by the laws of intestacy. If you are contemplating med mal action, the estate must commence a suit within two years of the wrongful death via an estate fiduciary such as the administrator or executor. If the report states that it was an accident, then that is an excellent admission of liability and if you wish for more assistance, I would be happy to do so.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  6. She has a settlement coming to her from what?


  7. I have been handling medical malpractice and wrongful death cases for many years. Initially, I worked with insurance companies while defending the doctors and hospitals, and now as a plaintiff's attorney I sue the doctors and hospitals. You appear to have a lot of issues and questions. First, you need an experienced medical malpractice/wrongful death attorney to obtain the records and review them with a doctor to determine whether or not there was malpractice. When someone has died, in order to get the records, you will need to have an administrator or executor of the estate appointed in order to have an authorized person obtain release of the medical records. If a physican agrees there is malpractice, then a number of other questions need to be answered and all of this will require consulting with an experienced medical malpractice/wrongful death attorney. Importantly, New York State law requires that an attorney consult with a physician regarding your case, before even filing the lawsuit. My only advice to you at this point is that you must consult with a knowledgeable attorney.

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