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Are doctors and hospitals legally required to provide all information? My 75 year old mother dies of sepsis last May in Ohio.

Bronx, NY |

The source of sepsis was found to be a surgical site wound where she had a femoral artery embolectomy , but me and my sister were never informed of the infections until we read her final full autopsy report and medical records . Our mother had almost every nosocomial infection possible and early on . VRE ( Vancomycin Resistant Enterococcus ) , urinary tract , etc . The doctors never told us this . If they had we could've advocated better . Everything I've learned post her passing reveals there were alternative treatments if discovered early on . She even developed an unstageable bedsore while hospitalized .

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Attorney answers 7

Best Answer
Posted

Everything in your questions raises questions of serious neglect. You will need Ohio counsel to assist. 1. Bed sores are inexcusable and indicate that you mother was not turned or her care properly supervised. 2. Infections can occur but you should be informed. To determine whether or not the infections were managed correctly a complete review of the records are necessary. The issues are (a) were the infections diagnosed promptly and (b) once they were diagnosed, were they treated appropriately.
Only a complete review of the entire medical record will allow any attorney to properly answer you questions. However, the care and treatment of your mother should be reported to the State.

Only a portion of the question could be responded to. The issue as to the interaction between the employer and medical director and treating physicians is unclear.

Asker

Posted

Mr. Goldsmith thank you for your answer and I agree. I will pursue this in the state of Ohio and report it to the state.

Posted

Provided you execute a HIPAA compliant authorization for the release if her records, the hospital should release a complete set of her hospital records to you. In NY, the next of kin is permitted to obtain the records under the Public Health law. I would imagine Ohio has a similar rule, though you may want to pose this question to Ohio attorneys. In general, infection cases are very difficult to win as there is always a risk of infection with any wound. I'm sorry for your loss and wish you the best if luck.

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Posted

I would consult with a medical malpractice attorney. You will need to have the proper releases to obtain the information.

Posted

As my colleagues have advised, you should obtain a full copy of your mother's medical records and consult with a medical malpractice attorney. After they review the records they can advise you if the standard of care was breached.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

Posted

The word nosocomial is obsolete. The word is hospital acquired infection, and the only way to know if there was malpractice is to retain a local med mal lawyer who can order the medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care. I’m sorry, but my firm only handles birth injury cases, failure to diagnose cancer cases, and wrong site surgery cases.

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Posted

First and foremost, sorry for your lost. As a former nurse, I have witness situations like your mom's first hand. This is very common in our nation's hospitals and its wrong. Because of your mother's age, serious precautions should have been taken by the health care personnel. They failed! You should contact a medical malpractice attorney in your area to help you get compensation for your lost. Sorry that your mom had to go through this tough situation. We pray for strength for you and your family. God bless you!

Asker

Posted

Mr. Baez, thank you very much for the response. It's very discouraging when most attorneys won't even speak to us. I will continue to pursue within the state of ohio. Their statute is 2 years and I'm a little over a year to go. I won't give up.

Posted

There are federal statutes that apply to bed sore cases and to the leek of nursing an hospital neglect that your mother went through. You need to hire counsel in Ohio to investigate the case have it reviewed by an expert and then to file suit.

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