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Need To Know If I Have A Medical Malpractice Case Or Wrongful Death Claim Or Both? 27 Year Old Baby Sister & Best Friend Of Mine

Cape Coral, FL |

My mother made the 911 call for an ambulance per the request of my baby sister due to, "Acute Respiratory Distress/Failure.. She was unable to speak due to her breathing and my mother and I requested that she be taken to Lee Memorial. My mother argued and they took her to Lehigh Regional Medical Center instead!! They had our home telephone number and other cell phone contact numbers in case of any emergencies.. I know in these kind of cases, that it is crucial to get started a.s.a.p., due to statutory 2 year maximum time allotted to investigate..

Bare in mind that she was in this same hospital just a month or so ,before this time for the same exact illness, disease, etc...... What ever you want to call it. From the records, it seems to the best of my understanding. They're at fault 100%!!

I have all of her medical records & I am the next of kin. I am representing my mother Cherylyn by a signed Power of Attorney with Durable Provisions.. Thought it would be necessary.. She went into cardiac arrest on Sunday, July 7th, 2012. They Claimed to have done manual cpr for 20-25 minutes to revive her. The reason why she went into cardiac arrest was because, Dr. Bravo, while inserting the central line. He collapsed her right lung, which had a M.R.S.A. infection in it which, they claim no previous knowledge of it but, they had her sent twice for x-rays of her same right lung before any of these procedures were done without permission and were unnecessary!!

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Attorney answers 8


I am so sorry for your loss. While this is an extremely difficult time for you and your family, I commend you for looking into possible alternatives to explain the end conclusion while some of the facts are still fresh in your memory.

Malpractice cases are complex in determining where the standard of care was breached. The details of giving a complete answer with the limited facts of the question cannot be done here unfortunately. I would recommend contacting our office or another medical malpractice attorney found here on AVVO as soon as possible.

Best of luck with your case and I am so sorry for your loss.


I am sorry you lost your sister under such tragic circumstances. You certainly should speak to a medical malpractice attorney. Consultations are generally free. I must add that unless you have extensive medical training, there is no way you can know that your sister's death was the fault of the health care providers. That's why you need a lawyer, and why lawyers need experts to help them. At the very least you will get some answers, and I know that is a lot more important than getting money when you have lost somebody you love.

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I'm terribly sorry for your loss. The case certainly deserves to be investigated by an experienced medical malpractice attorney, who will obtain the relevant records and imaging studies and review them with appropriate specialists. Bear in mind that if your sister was 27 years old, those legally entitled to bring a claim would be her Estate, a spouse and/or her children. Best wishes.


It sounds like all of the medical records need to be studied to determine who, if anyone, violated the standard of care causing the death.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me, or visit my website


Have a local malpractice lawyer order the records to investigate.


I am very sorry for your loss. You should definitely have a local, experienced medical malpractice attorney review your potential case. Good luck.

By providing this legal analysis of the issue presented, no attorney/client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.


I agree that an attorney should evaluate the medical records. I have a Masters degree in cardiac physiology and would be happy to review them as we'll as the other qualified attorneys who have responded.


Definitely worth looking into and getting to the bottom of this.

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