Seeking a Medical Malpractice Attorney: Medical Negligence Resulting in Death

Asked about 1 year ago - Brea, CA

The Patient’s daughter, a witness, contends that negligence, disinterest and malpractice on the part of medical staff, particularly that of the attending physician, created the conditions by which a patient with a pacemaker died prematurely following a relatively minor surgery. Following surgery, the Patient complained for 20-30 minutes of chest pains, rapid heartbeat and inability to breathe and claimed to be having a heart attack right then. The physician disregarded the Patient’s complaints and dismissed her chest pains as being the result of a recently removed breathing tube. After listing to the Patient’s heart, the physician declared all was well, stated he was not a heart specialist and ignored the daughter’s requests to consult with a heart specialist. The Patient’s daughter demanded an EKG, but it took her persistence and (4) phone calls before an EKG technician arrived on the scene. After the print-out was obtained, the attending physician sat on hold for a period of 10-15 minutes (Patient left alone) trying to obtain a comparison EKG test. The daughter further contends the physician acted negligently by failing to enact precautions, i.e., no heart monitor or any other precautions for post-op complications. After the Patient suffered a heart attack the daughter further contends that the physician’s first response of “slapping” the Patient (3) times in the face as to snap her out of a trance was an outrageous irrational action and not a medical necessity given the Patient’s condition and was abrasive, abusive and disrespectful. Available: Statement & History, Medical Records, Autopsy Report.

Additional information

Pre-surgery Negligence: 3-4 weeks prior to surgery the Patient complained to her doctors of rapid heartbeat, chest pains and shortness of breath and described her new symptoms as being the same as a heart attack. The physicians, related medical assistants and staff were disinterested in pursuing tests to ascertain the nature of new heart problems, cleared the Patient for surgery and thereby committed malpractice by action and procedure. The email threads, now in the daughter’s possession, reveal incurious doctors, negligent and resolute on maintaining the surgery schedule regardless of her present conditions. Additionally, the doctor categorically states in writing that the Patient's heart “should withstand the surgery.”

Attorney answers (8)

  1. Sean Patrick Lewis

    Contributor Level 17

    11

    Lawyers agree

    Answered . I am sorry to hear all of this, and sympathize with the loss of a loved one.

    Medical Malpractice cases are complicated, and even facts as detailed as these are not nearly enough from which to provide complete and detailed advice. Please do consult a medical malpractice attorney in your area who will be able to help you obtain medical records and get them evaluated to better understand whether malpractice has occurred, and what must be done next.

    Good luck!

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney... more
  2. Richard Andrew Harting

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . getting the medical records was a very good idea - you will need to take all your documents and meet with attorney(s) experienced in personal injury. While many attorneys, like our office, do not charge for the consultation there may be a charge to have a medical expert (doctor) review the records

  3. Ajay Mohan Kwatra

    Pro

    Contributor Level 15

    7

    Lawyers agree

    Answered . I am sorry for your experience. We would need to review the medical records to see if there was a breach in the standard of care. Damages seem to be substantial, but we have to link it up to someone's wrongdoing, outside of common practice. do not hesitate because you probably have a 1 year Statute of Limitations running from the date of the heart attack.

    Sincerely,
    Ajay Kwatra, Esquire

  4. Josh P Tolin

    Contributor Level 19

    8

    Lawyers agree

    Answered . Hire an experience malpractice attorney in your area. They can get the records, and have an expert review to determine if there was malpractice. Do this at soon as possible, as CA does have a short statute of limitations.

  5. David Ian Schoen

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Consult with a local medical malpractice attorney.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Have a local medical malpractice lawyer order the records and investigate.

  7. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . You should consult with a Doctor/attorney for your malpractice case. You can find one in avvo. Sorry for your loss. Best of luck. Call for a referral to a Malpractice attorney. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  8. Clifford Horwitz

    Pro

    Contributor Level 11

    6

    Lawyers agree

    Answered . I'm very sorry for your tragic loss. You need to consult with an experienced and reputable medical malpractice attorney. You shouldn't necessarily make your decision on who to hire based on this website.

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