Sorry to hear about your mother’s death. Whether the attorney is aggressive or not, the facts are that she already had cancer that had metastasized to her liver and lungs. Also, you do not state what injuries she suffered in the fall that kept her in a nursing home (broken hip?). The fact that your mother was already diagnosed with metastasized cancer probably gave her a diminished life expectancy already. You would need a medical expert that would give an opinion that the failure to order a head CT and diagnose the tumors was the direct cause of her unfortunate death.
This case has a complicated liability situation coupled with a limited amount of damages. Another potential problem is whether or not your father is still alive? If so, then he could bring a potential medical malpractice case. However, many states (Wisconsin included) prohibit adult children from suing for medical malpractice committed on their parents.
Right now, you need to sit down with a medical malpractice attorney to see if you even have a case.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Medical malpractice is a very unique and complicated area of the law. You need to meet with a competent lawyer who handles medical malpractice to see if you even have a claim. If you do not know an attorney who handles medical malpractice, I would suggest that you contact your local bar association. Bar associations often have a list of attorneys who handle certain types of cases that they can refer from. If the first attorney you talk to does not want to take your case, ask that attorney for the name of another attorney who handles medical malpractice if you would like to seek a second opinion. Best of luck to you.
This reply does not constitute legal advice or the establishment of an attorney-client relationship. Your receipt of the information on this website is not intended to create, and receipt does not constitute, a contract for representation by Kendra J. Long. This information is not intended to substitute for obtaining legal advice. No person should act or rely on any information in this site without seeking the advice of an attorney.
I have worked in the medical malpractice field for almost 40 years. I have handled many delayed diagnosis of cancer cases, most involving death at some point. I also had a parent die of metastatic colon cancer, and I know what an ordeal she and your entire family went through. You may think you want an aggressive lawyer to right a wrong. What you need is answers. By all means consult with some medical malpractice lawyers, there are plenty of good ones in Ohio. But try to put your anger and grief aside and present them with a barebones outline of facts. Let them ask questions and give you their assessment of the pros and cons of suing.
Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.
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