My husband died 17 hrs after being diagnosed with early stages of pneumonia seen on an x-ray taken. X-ray also revealed COPD which my son,34, told the NP that he had a history of. My husband was too short of breath to talk much so my son was helping him. My son remembers everything that was said and has an audio of the way my husband was breathing at the urgent Care. My husband was very symptomatic. My son told the NP that my husband had a very violent breathing attack 6 hrs earlier. He should have been transferred to the hospital but instead she treated him with oral antibiotic and sent home. Hrs later, at home, he went into respiratory arrest then cardiac arrest and died. We called 911 but they were unable to protect his airway or successfully intubate. We are devasted! He was only 58 and worked up until this happened. No Labs were done, just chest x-ray. I have records. Do you think I have grounds to sue?
In many cases free standing urgent care centers treat persons who need emergency hospital care. The failure to transfer could be negligent.
Definitely need to talk with a VA licensed lawyer. Please do as soon as possible. Best, Dan
Please note that I am licensed to practice in Indiana, North Carolina and Arizona. This communication does not establish an attorney client relationship until a contingency fee agreement is entered. Please contact an attorney of your choosing to answer your legal questions.
I'm very sorry to hear of the tragic loss of your husband and your son's father.
I'm not clear on who did the chest x-ray and who told you the x-ray film revealed early pneumonia. If in fact the urgent care facility performed the x-ray and someone there told your son that the films revealed the presence of pneumonia in a 58 year old man with preexisting COPD, and if your husband was too short of breath to talk to the NP while at the urgent care, then under those facts some malpractice may have occurred.
I recommend that you consult with a Virginia medical malpractice attorney to review this matter and get some sound advice. The attorney reviewing this case would need to have the urgent care records and the subsequent ambulance/EMS records or pre-hospital patient care report as well. Would also need to know the urgent care's discharge instructions and what new symptoms your husband developed after he was discharged from the urgent care, and when these new symptoms arose.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline