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Is it malpractice when necessary surgery was delayed resulting in death due to infections acquired during hospitalization?

Alexandria, VA |

A recovering cancer patient in remission was urgently admitted July 5, 2013 per recommendation of her oncologist who found an unidentifiable mass on her spine via MRI. Upon admission other tests revealed broken vertebrae T7, T8, T9. The mass was biopsied and determined benign. Antibiotics were administered to treat infection. Week of July 21 patient was admitted into ICU for congestive heart failure and also acquired MRSA. Aug 3 revealed conflicting messages between attending physician and another doctor. Attending doctor cleared patient to be released to SNF Aug 5. Another doctor recommended surgery. A two-part level 3 Corpectomy was performed. Part1, Aug 9; part 2, Aug 12. Patient was diagnosed with TB Aug 15. She died on Aug 19.

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Attorney answers 5


Sorry for your loss. These type of cases are typically difficult to prove. However, I encourage you to find an attorney in your area who handles medical malpractice cases. Look at These lawyers typically provide a free consultation.


It is impossible to give you a good answer without seeing the records and knowing what kind of CA she had. Based on your information, I do think it is worth pursuing and retaining an experienced malpractice attorney in your area. It sounds like a complex case, and the only way to know for sure is to obtain the records and have them reviewed by counsel and an expert if your counsel thinks there is something there. Good luck to you and sorry for your loss. Infection cases can be difficult, but if your relative was immuno-suppressed, that is something that needs to be evaluated as well.


I'm so sorry to hear about the circumstances that led to your loss. I'm sure it's been difficult to deal with. Unfortunately, a forum such as this is really very limited when it comes to any attorney being able to give you a substantive response. Medical malpractice cases are expensive to pursue, difficult to prove and highly technical in nature, since you need experts to establish what the standard of care is and that it was breached in some fashion. You need to have a medical malpractice attorney get the files and have them reviewed by a physician to determine if professional negligence occurred and if you have any recourse. Use the Find a Lawyer tab on Avvo to find one in your area. Best of luck to you...

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There is too much info to digest here. Consult with an experienced VA medical malpractice attorney to determine if you might have a viable claim.


A local malpractice lawyer can order the medical records to investigate. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee. Good luck.

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