My 24 year old son died of a massive heart attack and viral infection of the heart after being refused admission to detox at the

Asked over 1 year ago - Flushing, NY

hospital his doctor was affiliated with. He had a chronic pain problem since he was in a bad car accident at 19 and was taking methadone. He thought his symptoms were withdrawal but according to medical examiner he had 95% blockage of a major artery and viral infection in his heart which would have taken many months to develop. Eventually after several ER visits they admitted him but only put him in psych ward. He ended up dying about 6 weeks later. They never treated him for heart problem and to my knowledge did not even consider the possibility that he had anything more than a drug dependency, which they also did nothing for (according to what my son told me - he an no longer speak for himself) What is the hospitals responsibility in this situation. We even went back to the hospit

Attorney answers (6)

  1. James D. Kiley

    Contributor Level 13

    7

    Lawyers agree

    Answered . What a horrible situation. I am sorry for your loss. You need to obtain your son's medical records and have them reviewed by a medical malpractice attorney ( actually the med mal attorney will have them reviewed by a medical expert who will give him/her an opinion as to whether some doctor or hospital deviated from the standard of care and committed medical malpractice) It would be pure speculation and conjecture for anybody in this forum to give you an answer one way or the other. For that matter, no attorney can give you an honest assessment without having an expert review ALL of your son's medical records. You can file a petition in the Surrogate's Court where your son lived to be appointed the administrator of his estate (assuming he died without a will) If you go to the administration dept in the surrogate's court they will help you. Once you are appointed the administrator of your son's estate, you can write to the various hospitals and doctors and request the records. By law, they can charge you a copying fee of 75 cents per page.

    My firm is a second generation family firm successfully handling personal injury and medical malpractice cases... more
  2. Matthew C Simon

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . Gather copies of all of your son's medical records and bring them to an attorney who handles personal injury, wrongful death, medical malpractice cases. An expert needs to review the records to see if you have a case. Malpractice cases are very difficult to prove generally. I can offer you a free 30 minute consultation if you are interested. I would meet you in Queens.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  3. David B Pittman

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Consult a malpractice attorney to see if you have a case. I am very sorry for your loss.

  4. Mark David Brynteson

    Contributor Level 11

    7

    Lawyers agree

    Answered . Sometimes Dr.'s have tunnel vision, especially when they see someone like your son-drug problem. They become focused on a tree in the forest instead of the forest. They can miss things. You should have his care reviewed. Find a good medical malpractice attorney. They will help you find out the truth.
    The Law Is About People
    Mark D. Brynteson
    Attorney at Law
    2969 Rolling Meadow Court
    Belvidere, Illinois 61008
    (o) 815-569-4280
    (o) 815-975-3102
    (o) 815-975-3103
    (f) 866-459-4075
    E-mail: mdb@bryntesonlaw.com
    web site: www.bryntesonlaw.com

  5. Joseph Gerard Dell

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . I am so sorry to hear about the loss of your son. It sounds like his cardiac conditions the infection and the occlusion in his vessel were misdiagnosed and the cause of his death. You are entitled to his records under the public health law. They need to be reviewed by am expert to determine if the misdiagnosis was the cause of his death and whether his underlying radica condition am infection were treatable and reversible. Please retain an experience malpractice attorney.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I'm very sorry for your loss. Retain one of the lawyers in your state who answered above to investigate and order the medical records.

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