Discharging a septic patient can be negligent. But it depends on how she appeared when she was discharged. I would want to know whether she had a fever, had an elevated white cell count in her blood labs, whether her neutrofil count was elevated in her blood labs, where her labs showed her as being acidotic, whether her creatinine labs were off, was she coherent, was she eating, ambulating, any nausea, etc.
Another tough issue sometimes is proving that she could have been saved had she never been discharged. This might seem easy at first blush, but it really depends on the nature of the bacteria that caused the infection. If it was MRSA, it may be difficult because many, many antibiotics have no effect on it.
I'm sorry to hear about your loss. 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 (Cerebral Palsy), failure to diagnose cancer cases, and wrong site surgery cases.
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Very sorry to hear about your loss. Call a personal injury firm and take advantage of the free initial consultation. If the hospital is a government entity, then the tort claim act will apply, and your attorney can explain how the process will go. Medical malpractice cases are difficult, and expensive since medical experts must be obtained to review the facts surrounding each claim. What will determine if there is a viable claim will be if the dr or hospital was negligent, or to say it another way - did their conduct drop below the "standard of care" that is established in that area of medical practice.
This is a very complex area of law, so schedule an appointment with a personal injury firm for a free consult, and you can fell better informed as to your options.
Our thoughts and prays are with you and your family in your time of sorrow.
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