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Do I have a Legal Wrongful Death Case, if my sister was put on a ventilator, given paralytics and the dr. performed 3 procedures

Lehigh Acres, FL |

What should I do about my sister, who was only in her late 20's when she went into a Medical Center nearby, via ambulance due to respiratory distress. When she got there, they claim she was alright. They put her on a ventilator, gave her paralytic medicines.

They had a nurse call my mother to request permission to perform these procedures "Bronchoscopy, Central Catheter Line and a Femoral Artery Line". While in the I.C.U. and without my mothers consent. They never tried to contact us until afterwards and even then, they didn't tell us what happened. My mother never gave them permission and never would because of the condition she was in at that time, which was 2 days after being admitted into the hospital's I.C.U.. Another doctor had removed her from the Respirator and she died.

I will explain in more detail, if asked. It's a VERY long story and battle we had with the Medical Center, even 8 days after she flat-lined.

Attorney Answers 8

  1. Best answer

    I am really sorry to hear about this tragic loss. To answer your question, it really depends. You will have a claim if the actions of the medical staff did not meet the standard of care -- that is, whatever they did, must be what a reasonable person with similar training would have done under the circumstances. I would recommend having the medical records reviewed by a medical malpractice attorney, and a medical expert. They will be able to advise whether the care your sister received fell below the standard of care.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

  2. I'm sorry that you are going through this. You should consult with an attorney in Florida. The facts are very complicated and medical records and standards must be reviewed. I highly recommand you get in touch with (904) 396-5555. Ask for Eddie and tell him I sent you. good luck.

  3. The answer about is spot on. Contact a medical malpractice attorney and have them review the case.

    Daniel M. Berman This is not to be considered legal advice nor does an attorney-client relationship exist.

  4. Under Florida's statutory scheme, unless she is survived by children or a spouse, the only recover y is for economic losses to the estate.
    Contact a Florida malpractice lawyer and discuss this matter in detail.

  5. A tragedy. A deep loss. My deepest condolences.

    Medical malpractice cases in Florida can be quite challenging, particularly when wrongful death is alleged. A comprehensive review of the hospital chart covering her stay is a start, as well as a review of her family physician chart (if she had a primary care doctor, considering her young age). Was an autopsy performed by the hospital or Lee County Medical Examiner?

    The case can and should be reviewed as promptly as possible.

    God Bless,

    DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area.

  6. I agree with all of the other attorneys who have posted an answer to your question. A potential medical malpractice case is complicated and the records need to be reviewed to determine if there was any negligence by the health care provider. Although what you have stated is likely correct, there are other facts that factor into this equation and the only way to resolve it is to look at the records.

    I am only licensed in Arkansas. No part of this answer should be construed as creating an attorney client relationship.

  7. Florida law requires a physician who has reviewed you sisters records first determine that the hospital and doctors failed to act within the standard medical care. This review is necessary before your sisters's survivors could start the claims process. Was she married? Did she have children? These are important questions to determine who can bring the action if there is one.

  8. I'm sorry to hear about this. As the above lawyers have advised, call a local med mal lawyer for a free consultation to discuss all the facts and circumstances.

    Only 29% Contingency Fee! Phone: 215-510-6755

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