I am sorry for your loss. If your mother presented to a clinic with symptoms that should have triggered ( by a competent provider) the workup necessary to determine that she had a DVT and thus initiate potentially lifesaving treatment and that was not done, then her estate may have a wrongful death claim. But to be sure gather her medical records and consult experienced medical malpractice counsel for further clarity.
I am sorry for your loss. In medical malpractice cases, you must prove that a medical professional was negligent-that his or her conduct fell below a generally accepted standard of medical care and that the failure caused injury or death.
To establish the standard to be applied, you will need to obtain the opinion of another medical expert, qualified in the same area of medicine as your mother’s provider. That opinion will need to state what standard, or level of care should have been provided based on what her doctor observed and what he or she was told by your mother; and that the care provided to her did not meet the standard. The opinion would include whether the correct tests were done, whether the tests were properly interpreted and whether based on that information, the common practice of other medical professionals would have been to treat your mother the same way. If not, the standard was not met.
The opinion would also need to state that the failure to meet the standard caused your mother’s death.
Based on your submission, I can tell you that there may have been malpractice. However, your mother’s medical records need to be reviewed in order to confirm whether the care provided was not appropriate. Contact a lawyer who has experience in malpractice cases.
Mr. Padove is licensed to practice law in Illinois and Indiana and is located in Highland, Indiana serving the Chicagoland area to Indianapolis. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.
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