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Do I have a Legal Wrongful Death Case, if my sister was put on a ventilator, given paralytics and the dr. performed 3 procedures

Lehigh Acres, FL |

What should I do about my sister, who was only in her late 20's when she went into a Medical Center nearby, via ambulance due to respiratory distress. When she got there, they claim she was alright. They put her on a ventilator, gave her paralytic medicines.

They had a nurse call my mother to request permission to perform these procedures "Bronchoscopy, Central Catheter Line and a Femoral Artery Line". While in the I.C.U. and without my mothers consent. They never tried to contact us until afterwards and even then, they didn't tell us what happened. My mother never gave them permission and never would because of the condition she was in at that time, which was 2 days after being admitted into the hospital's I.C.U.. Another doctor had removed her from the Respirator and she died.

I will explain in more detail, if asked. It's a VERY long story and battle we had with the Medical Center, even 8 days after she flat-lined.

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Attorney answers 8

Best Answer
Posted

I am really sorry to hear about this tragic loss. To answer your question, it really depends. You will have a claim if the actions of the medical staff did not meet the standard of care -- that is, whatever they did, must be what a reasonable person with similar training would have done under the circumstances. I would recommend having the medical records reviewed by a medical malpractice attorney, and a medical expert. They will be able to advise whether the care your sister received fell below the standard of care.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

Asker

Posted

Thank You. :)

Posted

I'm sorry that you are going through this. You should consult with an attorney in Florida. The facts are very complicated and medical records and standards must be reviewed. I highly recommand you get in touch with www.farahandfarah.com (904) 396-5555. Ask for Eddie and tell him I sent you. good luck.

Asker

Posted

Thank You Mr. Seifeldein. I'll look into this. :)

Posted

The answer about is spot on. Contact a medical malpractice attorney and have them review the case.
www.southfloridaaccidents.com

Daniel M. Berman www.southfloridaaccidents.com This is not to be considered legal advice nor does an attorney-client relationship exist.

Asker

Posted

Thank You Mr. Berman. :)

Posted

Under Florida's statutory scheme, unless she is survived by children or a spouse, the only recover y is for economic losses to the estate.
Contact a Florida malpractice lawyer and discuss this matter in detail.

Asker

Posted

Thank You Mr. Limberopoulos but, it's defintely not about money at all. This was my little sister and I would like to see the doctor and Medical Center pay for what they did to her and how they treated us all.

Chris Matthew Limberopoulos

Chris Matthew Limberopoulos

Posted

You can file and administrative complaint. Do you have any of the records?

Asker

Posted

Yes, I have the records..... I got them on the day they decided to shut the machines down.

Chris Matthew Limberopoulos

Chris Matthew Limberopoulos

Posted

If you want us to review them call me tomorrow.

Asker

Posted

Ok, Thank You & have a great evening.

Posted

A tragedy. A deep loss. My deepest condolences.

Medical malpractice cases in Florida can be quite challenging, particularly when wrongful death is alleged. A comprehensive review of the hospital chart covering her stay is a start, as well as a review of her family physician chart (if she had a primary care doctor, considering her young age). Was an autopsy performed by the hospital or Lee County Medical Examiner?

The case can and should be reviewed as promptly as possible.

God Bless,

DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area.

Asker

Posted

Yeah, I understand completely. To answer your question, no, their want one performed due to "next of kin" mothers wishes & hers as well.

Asker

Posted

Wasn't

Asker

Posted

Thank You Mr. Harris. Would my case be Wrongful Death or Medical Malpractice or Both?

David Hughes Harris

David Hughes Harris

Posted

It is both. In Florida, the claim proceeds under the Wrongful Death Act, and since the claimed basis or "cause" of the alleged wrongful death is medical malpractice, the Florida Medical Malpractice Reform Act will also be at issue.

Asker

Posted

Oh, Ok, I didn't know that. My mother had me request on the day they, "3 Dr.'s", did some tests, then pulled the plug, her medical records. I have all of the ones that they gave to me. I read through some of them and it's absolutely unbelievable! He had all of these other doctors come in and evaluate her to write reports to cover him... It's terrible and sad at the same time. He new she was septic from an infection in her lower right lung when he performed all of those procedures..... He caused her lung to collapse and she went into septic shock.

Asker

Posted

The question that I keep asking myself is why, when the other doctor came in that morning, he stated, "When I came in, I noticed that her heart rate was 44 but, didn't know how long for. Keep in mind she was in the I.C.U. under guarded care. How could this had happened if she was being monitored 24/7? Also, Why, they quickly called us that morning to ask my mother for permission to do the 3 procedures because, she was unaware "Under heavy sedation and on a paralytic.....

Asker

Posted

My mother never said yes to them and they never called back after the nurse who called told us, "She would let the doctor call us right back to stay by the phone." That's why we weren't there. They lied to us to cover what they did to her!

David Hughes Harris

David Hughes Harris

Posted

If you want, feel free to email me or call me directly (just click on my profile here). No obligations. I'm in the office tomorrow. Take care

Asker

Posted

I Most Certainly Will. Thanks & Have A Great Evening.

Posted

I agree with all of the other attorneys who have posted an answer to your question. A potential medical malpractice case is complicated and the records need to be reviewed to determine if there was any negligence by the health care provider. Although what you have stated is likely correct, there are other facts that factor into this equation and the only way to resolve it is to look at the records.

I am only licensed in Arkansas. No part of this answer should be construed as creating an attorney client relationship.

Asker

Posted

Thank You Mrs. Douglas. Yeah, their is a lot more to this than I stated earlier. I just couldn't post all of it and frankly i'm afraid to. I wouldn't want to hint them on what I am doing. They told my mother and the family that their wasn't anything we could do about them unplugging her. They even told my mother that they were going to take her organs without her say so too. I think that how they treated and handled this was disgusting, immoral and unethical.

Posted

Florida law requires a physician who has reviewed you sisters records first determine that the hospital and doctors failed to act within the standard medical care. This review is necessary before your sisters's survivors could start the claims process. Was she married? Did she have children? These are important questions to determine who can bring the action if there is one.

Asker

Posted

She was divorced & her newborn daughter died at only 23 days old. Her mother is next of kin.

Asker

Posted

I know she would want us to fight for her.

Posted

I'm sorry to hear about this. As the above lawyers have advised, call a local med mal lawyer for a free consultation to discuss all the facts and circumstances.

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