Do I have a valid lawsuit against a hospital that put a feeding tube in my mother's lungs causing her to be ventilated and die?
My mother went to the hospital after 8 days of not eating. They decided to keep her to give her fluids or what not. They gave her a feeding tube which went into her lung, they had to immediately ventilate her. They thought she was delirious so they tried to get the tube in quickly. They failed to read her chart. Had they read it, they would have saw that she had a stroke previously and still had trouble communicating properly. The ambulance and the ER were notified of her stroke, but yet the nurses did not know.
I am very sorry for the loss you have suffered. You must be going through a terrible time.
We have extensive experience in these types of cases. Placing a feeding tube into the trachea, the way you described it, certainly sounds like it would be medical malpractice.
Please call us at our office for a free consultation. (216) 475-5600.
First and foremost, I am very sorry for your loss and your family's grief. Your family should immediately consult with an experienced medical malpractice attorney. There very well may be a valid case here for medical negligence (also known as medical malpractice).
There are potentially two claims for your mom's estate. One is the wrongful death, which is meant to compensate her relatives and next of kin for their loss from her being taken from you too soon. The other is called a survivorship claim (meaning the claim survives her death) for any suffering and losses she experienced while still alive. Both claims have different time limits (statute of limitations) to initiate a lawsuit.
If an estate has already been opened for your mom, then the fiduciary is the person who would hire the attorney and pursue the claim for all beneficiaries. Feel free to refer to my webpage on wrongful death about who can bring the claim. https://michaeleisnerlaw.com/choosing-lawyers-for-wrongful-death/
Because of the strict time limits for medical malpractice and for wrongful death in Ohio, do not wait to begin interviewing lawyers.
Again, I am sorry for your loss, and hope you and your family find peace.
The answer to this question is for general informational purposes only and does not form an attorney-client relationship with Mr. Eisner. Further, it is generally unethical for attorneys to solicit clients. Any potential client must directly contact an attorney before a detailed discussion of any potential claims can be held.
Yes. Placing a feeding tube into the trachea, especially given your mom's condition certainly sounds like a very proper claim of medical malpractice and wrongful death. You should immediately contact an attorney in your area to discuss your mom's potential claim. I am very sorry for your loss and it sounds like her injury and death was clearly preventable and avoidable and legal action should seriously be considered and discussed with a attorney with expertise in this area and that has handled similar cases.
Yes, you may well have a valid claim here. Feel free to call our office at 1-800-792-1480 and we can further evaluate it. Check our website at donaheylaw.com. Good luck.
