I am sorry for your loss. However, a bad result does not mean there is a malpractice claim. A malpractice claim requires that a medical expert (usually another physician) to review all records and details about the treatment and then conclude that the doctor's treatment was negligent. You will need to see a medical malpractice lawyer in your area (or Metro Atlanta) and they will set up a review if they believe there is a claim. There are many good lawyers who specialize in medical malpractice claims of a serious nature. You don't need a lawyer who may handle all areas of personal injury (and/or criminal, bankruptcy, etc.) or advertises on afternoon TV - you need a top quality lawyer whose primary practice is med mal.
I am so sorry to hear about your loss. You should strongly consider retaining a Georgia medical malpractice lawyer. There are a number of very good ones. It will be important for the lawyers to have all the records and to hire an expert to do a thorough review. Most of these lawyers work on a contingency fee, which means they do not get paid, unless you recover money in your case. I hope this helps.
I'll echo what others have said in offering my condolences. Internal bleeding is certainly a risk of those types of blood thinners, and the doctor and the facility should have been following certain protocols to monitor her INR among other precautions. I could not tell you whether your wife's death was due to medical negligence or simply an unfortunate event without reviewing the medical records and having my nurse review them as well. These types of cases are generally easier to dig through than a surgical case, for example, because blood and other metabolic testing and levels inform what the medical professionals should or should not have done. I would recommend you get her medical records - at least those from this final admission - and allow a medical malpractice attorney here in Atlanta to review them. Most of us offer free consultations and would be able to provide some clarity so you know whether this was a preventable tragedy or simply one of life's cruel turns. I wish you the best in your healing.
Please mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at Fareesh@SarangiLaw.com or (770) 984-5380. The initial consultation is always free. This post is intended to provide general guidance, and should not be construed as legal advice. While I am an attorney, unless we sign a retainer agreement, I am not your attorney, and any information shared on Avvo does not create an attorney-client relationship.
I am very sorry for your loss. Unfortunately, there is simply no way to tell if you have a viable claim for malpractice from what you have described. Your wife's medical records would have to be ordered and reviewed by a qualified medical expert. I would advise you consult with a qualified medical malpractice attorney in your area.
You have been given good advice by all. You need to find a local attorney who handles medical malpractice cases. You did not indicate why she was on warfarin other than DVT prophylaxis. There are other meds such as low dose heparin. A couple of questions, was she an in-patient? What was last INR, and when was it done. Those answers to the questions would help any attorney you go to, to assist with the case evaluation. I am sorry for your loss. Also wrongful death statues in some states have different statutes of limitation than malpractice. In my state if the person dies, you have 3 years from the date of death, but if injured by healthcare provider, only 2 years. So, get an attorney in Georgia.