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Do we have a case?

Elmer, NJ |

My sister in NJ , 49 , on pain patches for Chronic pain , died in 2 / 19 / 13 . She was seen by her pain Dr . on 2 / 8 / 13 was fine . 2 / 11 / 13 went to family Dr . , diagnosed with Bronchitis , given z - pack and cough syrup with codeine . Both medicines are moderate contraindicated with opioid pain patch . Z - pack has side effect of liver damage . day 3 cough went away . 2 / 18 has shortness of breath and feet swollen . Liver removes opioid patch medicine from the body . Died 2 / 19 / 13 at am . Hospital treated her as sepsis , gave her strong antibiotics that damage liver and kidneys . Blood test before treatment revealed super high liver enzymes 1600 above normal and slightly elevated white blood cell . X - Ray doesn't confirm pneumonia . Hospital claimed pneumonia for 7 days . no h

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Attorney answers 7

Posted

You might have a case, but that ultimately depends on a physician's review of the records. If you don't already have your sister's medical records, please get them and make an appointment.

A response to a question posted on Avvo is not intended to create an attorney-client relationship. It is informational only. Allan E. Richardson, Esq. arichardson@employmentlaw-nj.com Richardson, Galella & Austermuhl 142 Emerson ST., Woodbury, NJ 08096 856-579-7045.

Asker

Posted

We are in process of getting records. We have hospital, Pharmacy records and are getting resistance from Family Doctor. Her husband has an affidavit from the county court with them listed to give him medical records. However, the Manager of that office is refusing.

Asker

Posted

How do we get a physician to review the medical records?

Allan E Richardson

Allan E Richardson

Posted

Please let me know when you are ready to sit down and talk. If the family doctor continues to resist, make an appointment anyway and we'll discuss options for prying them loose.

Allan E Richardson

Allan E Richardson

Posted

If we meet and jointly decide to proceed with a lawsuit, I know doctors who will review records - for a fee - and will arrange it.

Asker

Posted

Thank you for the info. It has been most helpful.

Posted

New Jersey Medical Malpractice - Mixed Medications - Liver Damage - Wrongful Death by Patrick Amoresano. You've described a disturbing scenario that certainly warrants thorough investigation by an experienced New Jersey Medical Malpractice attorney who is Certified by the Supreme Court of New Jersey as a Civil Trial Attorney. One of the many things the attorney will want to learn a lot more about is your sister's medical history.

Posted

The medical records would need to be ordered by a med mal lawyer and sent to an expert to review to ascertain whether there was a breach of the standard of care.

Posted

First and foremost I am very sorry for your loss. I am not licensed in NJ and can provide you with only general advice. For specific advice you should contact a NJ lawyer. Your sister's spouse or the representative of her estate will have the right to investigate the potential claim. You don't indicate when your sister went to the hospital, but by the order of your facts it appears that she went when she had Shortness of breath. It will be important to prove the cause of her death and then to relate that cause to a specific omission or act. You do not indicate if an autopsy has been performed, but in these kinds of cases it is very difficult to make the relationship from the act or omission to the death wthout an autopsy. I think you need to know what the likely cause of her death was before you can analyze what the error was.

Posted

The best thing you can do is gather all of the medical records, put them in the hands of a reputable medical malpractice attorney and he or she will have them reviewed by a medical expert. That's how such determinations are made in these matters. You should not be required to pay a medical malpractice attorney any up front monies.

Posted

You should seek the advice of an attorney in New Jersey who has a track record of handling medical negligence cases. I am sorry for your loss. I am curious as to what is listed on the death certificate as the cause of death. Based on the facts you provided, you definitely should have the case reviewed. You did not mention whether your sister had children, spouse or parents, as different states have different rules as to who can file suit on behalf of your sister. Any New Jersey malpractice attorney can answer that question for you.

Posted

These cases require careful evaluation of the medical records by professionals. It is not possible to determine if a case exists. You should see an experienced attorney for a full review

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