My mother died after getting an infection while at the hospital, can I sue the hospital

Asked over 5 years ago - New York, NY

My 73 year old mother was in the hospital being treated for malignacies on her neck and rib. The doctor was optimistic of her recovery. She was upset being in the hospital and kept of running out of bed and screaming she wants to go home. The hospital at one point had a special aide watching her because she threatend to jump out the window. After that they tied her down with a vest so she should'nt pull out tubes etc. One night they did'nt tie her down and she fell off the bed and fractured her neck. She needed surgery to fuse her neck. The staff gave her food by mouth a day after surgery and she aspirated. She ended up with a infection in a comatose state on a respirator and died three months later. The lawyer I consulted got the records but is not pursuing the case.He is a damages attorney not a wrongeful death attorney. Is there room to sue?

Attorney answers (3)

  1. Allan A Blank

    Contributor Level 8

    1

    Lawyer agrees

    Answered . There could be a medical malpractice suit for wrongful death against the hospital and the doctors. It would be necessary to see the records and get a complete history inorder to make a valid determination whether to proceed with the case. Did the lawyer you hired consult any medical experts and have the records reviewed? The first place to start might be to get a complete picture from your present lawyer and an answer as to why nothing has been done. If you are not satisfied with that you can hire a new attorney to represent your interests and the interests of your mother's estate.

  2. Thomas L. Gallivan

    Contributor Level 7

    1

    Lawyer agrees

    1

    Answered . If the Hospital failed to implement its own plan of care or failed to follow orders from physicians regarding the need for restraints and/or provided a regular diet by mouth when a "chopped" or "liquid diet" was required, you may have a medical malpractice/wrongful death case to pursue. Attorneys decide not to pursue matters for many reasons. One attorney declining to accept your case does not necessarily mean that the case lacks merit. My condolensces for your loss and I wish you the best of luck.

  3. Robert L. Brenna Jr.

    Contributor Level 12

    1

    Lawyer agrees

    Answered . f you have not yet found another attorney yet you need to do so immediately unless the other attorney decided to pursue the case.. In New York there is a two-year statute of limitations on medical malpractice death action, although usually there is a 20 half year statute of limitations if the victim does not die. They're too many exceptions to the general rules to go into an answer like this. You should check with an attorney in your area that understands malpractice backwards and forwards, as there are several issues which could give rise to liability. There may possibly be a reason that be statute of limitations might have been extended, but you should not count on it. I work with a number of good medical malpractice attorneys in the New York area, I am licensed and work throughout state of New York. If you have gotten a good medical malpractice attorney since you posted this message, then you should stay in touch with that attorney on a constant basis. If you've not found anybody I may be able to help you get to someone in your area, so if you are in that kind of a bind please feel free to contact me-however because the statute may have Artie run or it may be very close to running, I need to make sure you understand my offer to try to help you cannot in any way constitute the formation of attorney-client relationship.
    Robert Brenna Jr.
    Brenna@BrennaLaw.com
    Brenna Brenna and Boyce PLLC
    Rochester New York

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