I am sorry to hear about your mother. You have my condolences.
You may have a claim for medical malpractice/wrongful death, though I cannot tell from your description. I can tell you that I handle many medical malpractice cases and to make a determination if a case is malpractice, one needs to start with the medical records. In our cases, we collect the medical records and have our nurse review them. We then have our team of medical malpractice attorneys (myself and a colleague), review our nurse’s analysis and the records. If we determine that malpractice occurred, we then retain a doctor to review the records and make a determination if he or she thinks malpractice occurred. If the doctor agrees, then we are in the position to file a medical malpractice lawsuit and to pursue the claim.
The standard to bring a medical malpractice case in New York is high. You must prove two points:
1. That the doctor or medical professional made a substantial deviation from accepted standards of medical care; and,
2. That the deviation caused substantial harm.
Not every bad outcome constitutes medical malpractice and sometimes a doctor’s treatment deviates from good and accepted practice, yet that deviation does not result in a worse outcome. I have attached some links (see the blue links below) to articles on medical malpractice in New York that you might find helpful. In this case
I recommend that you speak with a New York attorney with experience winning medical malpractice and wrongful death cases. Most medical malpractice attorneys will evaluate your case free of charge.
I hope this helps and you have my sympathies.
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Ms. Schlitt did a fantastic job of outlining your claim and the law. Medical malpractice cases are often a up-hill battle. Consult with a medical malpractice attorney in your area to discus the merits of your claim (after reviewing pertinent documents), and to determine whether you are still within the statute of limitations to file your claim. Best of luck.
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I agree with Carol's analysis for pursing a medical malpractice case. There is another component to the case. Since lawyers take the case on a contingency fee, there is an economic analysis that attorneys do before undertaking a case. They try to calculate the amount of work to be done plus the costs of prosecuting the case and the length of time that the cases take to go through the court system, then factor in the likelihood of winning and compare it to the expected amount of a settlement or jury verdict. The amount to be recovered depends upon several factors. The she of the client and expected lost earrings over their projected lifetime, the amount of conscious pain and suffering and finally the amount of insurance that the defendant doctors and facilities have. Speak with an experienced attorney to discuss the matter, most of us who handle medical malpractice cases ofer free consultations. Sorry to hear of your loss.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
I'm sorry to hear about this. A local med mal lawyer would need to order her medical records and send to an expert to review to ascertain whether there was a breach of the standard of care.
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Very sorry for your loss - the short answer is what everyone said above - med mal cases can be highly complex and you should speak with a medical malpractice attorney in your area who can better assess whether you have a viable case or not - they may need to review some medical records, get more details, etc.
Best of luck.
Joseph L. Ciaccio is a New York attorney with the Law Offices of Joseph M. Lichtenstein, P.C. (medicalattorneyny.com). The answers posted herein are not legal advice and does not create an attorney-client relationship.
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