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My mother died after getting an infection while at the hospital, can I sue the hospital
New York, NY
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Posted 11 months ago in Wrongful Death
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wrongeful death:
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?
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Answers (2)
Allan A Blank
This attorney is licensed in New York and 2 other states.
Posted 11 months ago.
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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.
Thomas L. Gallivan
This attorney is licensed in New York.
Posted 10 months ago.
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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.
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