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My mother passed away September 27, 2011 due to Small Intestinal Blockage/Respiratory Failure Family needs "willing attorney"

Conyers, GA |

My mother had been having episodes of unexplained vomiting, several Dr. visits, ER visits and hospital stays - CT scan was done on her last visit to the ER - determined she had a partial blockage(small intestine). She was admitted(Friday) and placed on an NG tube. Her primary care Dr. saw her the next day around noon when we summoned him because my mother was vomiting even with the NG tube inserted. We have since received copies of his initial evaluation and he noted IMPRESSION: Small bowel obstruction, possibly partial according to the CT, but on examination it sounds like it is complete.
Surgery was still not done until 3 days later - by this time part of the intestine had to be removed and she eventually died.
The fact this hospital was all but closed on the weekend was critical/fatal

Attorney Answers 12

Posted

My condolences on your terrible loss and ordeal. You likely do need to consult a probate attorney in order to deal with your mother's affairs. You also should consult an attorney who is familiar with potential medical malpractice and wrongful death claims, however, since there could potentially be recovery there and that's not exactly a probate matter. Your mother's estate may have claims for damages, but depending on the exact claim, so can her family members directly, so you really need to discuss this with both types of attorneys. I updated the practice areas you listed in hopes of getting you some responses in the non-probate areas. Best wishes to you and your family.

This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. The intent is only to provide general information. You should be aware that you cannot rely on this answer to provide you with any protection against tax penalties. You should always consult your own attorney in order to obtain legal advice.

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Loraine M. DiSalvo

Loraine M. DiSalvo

Posted

I just realized you said her death occurred in 2011 - you should have already spoken with an attorney. Please don't wait any longer.

Posted

There is a certain outrage that can be appreciated with a delay in life saving intervention over a period of time. The statute of limitations is two years in Connecticut though a brief 90 day extension could and should be sought. The list serve rules that Apply here prevent a direct expression of interest in the case. With that said, i do practice in this area of law in Connecticut. Sorry for your loss. Paul

Law offices of Paul Levin
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Posted

I'm sorry for your loss. You need to see a probate lawyer, and may also find reason to employ a malpractice attorney. Given the elapsed time, see the latter ASAP to evaluate a possible case, as time makes such cases more difficult to pursue.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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Glen Edward Ashman

Glen Edward Ashman

Posted

Note: Your statute of limitations expires in a few months, so call lawyers TODAY.

Posted

You want to consult with a personal injury/medical malpractice attorney as soon as possible. You can use the Find A Lawyer feature on this website. Act quickly as it appears that your time to file a lawsuit is about to expire.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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Posted

My condolences for your loss. Bowel obstructions need to be operated on promptly to avoid the bowel becoming necrotic. It sounds like that is what happened. I do not know if you are within the statute of limitations or not since I am not licensed in GA. Immediately retain an experienced malpractice attorney in your area to evaluate.

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Posted

If you are looking into a medical malpractice case, the statute of limitations in GA is 2 years. You need to retain an attorney immediately to determine whether you have a good claim.

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Posted

Very sorry for your loss. These are difficult cases. I handled one very similar several years ago. Based upon what I recall, ordering of a CT scan and NG tube is the standard of care. The key is whether or not there were symptoms that indicated she was getting worse and the timeliness of the surgical intervention as well as whether or not the failure to perform the surgery caused her death. You should consult with a medical malpractice attorney to allow them to review the records as soon as possible. Georgia's medical malpractice statute of limitations is two years from the date of the misdiagnosis.

The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.

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Posted

I am very sorry to hear about this. I have had similar experiences in my family. All the responses posted here are accurate and helpful. I have handled a number of medical malpractice cases, including failure-to-diagnose cases. As Mr. Sexton correctly notes, they can be difficult cases. But they are not always so. Indeed the issues here likely will be indicia of worsening condition (so as to provide notice of the necessity of substantially accelerated intervention) and causation (whether the failure to act more quickly or systematically sufficiently caused your mother's death--with an important sub-issue here being what were the details and nature of her condition more generally). I believe this very much merits close examination. I think your answers should appear fairly well from the medical records. As is helpfully pointed out by others here, do be aware of the 2-year statute of limitations. There will be a considerable amount of lead time needed for preparation and assertion of ay claim. Depending upon how long ago this happened, the remaining time in the limitations period can get past quickly. Do move on this quickly if you are inclined to. I would be glad to talk with you about this if you wish. Feel free to contact me anytime. With the others here, I am very sorry for you loss.

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Roger C. Wilson

Roger C. Wilson

Posted

And now, "looking up from" the medical issues, I notice the date referenced in your question. By all means you must act on this immediately if you are to have any chance of filing any claim within your statute of limitations.

Posted

It appears the Ga. statute of limitations on your case may expire as soon as Sept. 27,2013, leaving very little time for a qualified medical malpractice/wrongful death attorney to investigate and, if deemed to be a meritorious and viable case, to file an appropriate lawsuit. You should contact such an attorney immediately.

Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and informational purposes only.No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.

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Posted

I am sorry to hear of your loss. Was an autopsy done? What was the cause of the intestinal blockage? What was the cause of death? Many things could be involved in this potential case; and it is important that the family obtain all medical records, coroner and autopsy records and reports as soon as possible. It is also important that an attorney familiar with medical malpractice and wrongful death be consulted as soon as possible. Do not delay.

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Posted

I will echo others by offering my condolences. Based on what you have posted, it appears you have a good grasp on the medical issues, and I am hoping you already have all the relevant records. The statute of limitations here in GA will indeed expire on Sept. 27, 2013, and many medical malpractice attorneys will be very hesitant to take a case this close to the expiration (our office typically has a hard 90 day rule where we won't take cases within 90 days of expiration). This is because of the process of having to get records, get a competent review, clarify the legal/medical issues, then get suit filed.

Having said that - if your summary of the medical issues is correct, this is a slightly more straightforward case potentially (I say potentially because no med mal/wrongful death case is open and shut). From my experience, the standard of care would be the CT, and if the doctor suspected an obstruction (especially a complete obstruction), it should have been an immediate emergency surgery. Again, I cannot really offer you a specific opinion without seeing the medical records.

As many have shared, it is not typical for attorneys on this site to solicit cases. Since you are explicitly looking for an attorney, and the statute is set to expire, I can look at the records if you contact me this week and get them to me. I am out Monday, but you can contact someone at the office to bring records over, or at the very least get me your contact information by email or phone (my info is listed above). Whether you contact me or someone else, please do so yesterday.

For more information, contact us at Fareesh@SarangiLaw.com or (770) 984-5380. The initial consultation is always free. This post is intended to provide general guidance, and should not be construed as legal advice. While I am an attorney, unless we sign a retainer agreement, I am not your attorney, and any information shared on Avvo does not create an attorney-client relationship. Please mark this answer as "Helpful" or "Best Answer" if you like it.

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Fareesh S. Sarangi

Fareesh S. Sarangi

Posted

I was just working on another wrongful death claim, and something about my research prompted me to return to your original question. Has the will been probated, or has an administrator been appointed to your late mother's estate? If not, that will also impact the statute of limitations and it can be favorable to you. There are other details you need to resolve, and it's better to get on this sooner rather than later, but there may be some relief on the estate claims.

Posted

Have one of the above distinguished lawyers in your state investigate

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