Can we sue if my grandmother died from a UTI? 19 Answers as of July 10, 2013

My Grandma recently passed away. She went to a Doctor for the last 4 years for check ups. Last December he scheduled a Biopsy on her for January 31st, 2011 to check for uterus and lung cancer. Everything during the procedure went wrong, it took several more hours then it should have, they ended up taking out a portion of her lung. Several weeks passed and the results came back and he told us she had both cancers and that she had bone cancer. We decided since she had bone cancer that she should not under go the aggressive treatment so we placed her under hospice care. While under their care she went to the emergency room 2 or 3 times, twice of those times were for urinary track infection. She talked to the nurses and caregivers at hospice and they didn't do anything until it was so bad that she had to go into the emergency room. The final time she went into the emergency room a Doctor who had been helping her and doing tests on her told us that she did not have bone cancer. We have paper work from both doctors one saying she did and the other saying she did not. She died in the Hospital after 3 months of Hospice Care from a Urinary Track infection. Do you think we can sue? If so who and for what?

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David Hoines Law
David Hoines Law | David Hoines
Medical malpractice claims are very expensive and difficult. I doubt any lawyer will take this claim.
Answer Applies to: Florida
Replied: 7/10/2013
Law Office of William Justice Whitaker
Law Office of William Justice Whitaker | William J. Whitaker
Dear Sir/Madam: I would need more information before I could give you a legal opinion, however, from what you stated I do believe this matter is worth investigating further. You could possibly have claims against the doctors who treated her, the hospital, the nursing staff and Hospice faculty for medical negligence.
Answer Applies to: Virginia
Replied: 7/11/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
If you can establish that the misdiagnosis led to the failure to give medicine she needed which then led to her death, you may have a case. You gave a lot of information, but there is actually still quite a bit I would need to know before I could determine if it were a viable case. If it, were you could sue for medical malpractice. You must bring such a lawsuit within one year, so you do not have much time.
Answer Applies to: Missouri
Replied: 7/7/2011
Ewusiak & Roberts, P.A.
Ewusiak & Roberts, P.A. | Christopher J. Roberts
From what you've described, there could be medical negligence. Proving such a case is extremely difficult, however, and requires expert witnesses in the same field as the doctors whose conduct fell below the standard of care. You should talk to a lawyer who handles medical negligence cases in your area.
Answer Applies to: Florida
Replied: 2/21/2012
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You need to get the entire chart (all re cords whatsoever) and have them reviewed by a medical doctor. You must have medical testimony that someone has been careless about her care. Call me with more detail.
Answer Applies to: North Carolina
Replied: 7/7/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend that you retain a personal injury or medical malpractice attorney in your area as soon as possible to discuss all the facts and your options. God bless and good luck to you.
    Answer Applies to: Georgia
    Replied: 7/7/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    The only way to tell for sure if there was malpractice is to have the medical records reviewed. But, please forgive my frankness, if she was old and had only a brief life expectancy, then the case may not have enough value to merit the expense and commitment needed to reach a worthwhile conclusion. You should engage an attorney to investigate this if you think it is worthwhile. The New York Statute of Limitations on wrongful death is two years. Make sure a Notice of Claim gets filed if applicable.
    Answer Applies to: New York
    Replied: 7/7/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You have a complicated set of facts and not enough information to tell if you have a suit. One question, since your grandmother was in Hospice, is did she have a terminal illness? I understand that one doctor said she did not have one cancer, one said she did. Even if she did not have bone cancer, were the other cancers terminal? If she had a terminal illness, it may not be worth filing suit even if the UTI was not properly treated. A second issue is whether Hospice failed to get adequate care for the UTI. If Hospice was negligent in getting hr proper care, there may be a case for negligence. You would need to get all of her hospice records and hospital records and have them reviewed by a physician, or group of physician's for them to determine if there was negligence and if the negligence caused her death. You need a medical malpractice attorney to look at the case and find a doctor or group of doctors to send the records to. You may have to pay between $750.00 and $2,500.00 to have the records reviewed. I don't think the complications during the surgery are a cause for a cae because it does not seem to have contributed to her death. However, you follow the same procedure and have doctors review those records to determine if negligence occurred.
    Answer Applies to: South Carolina
    Replied: 7/7/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    I am so sorry to hear about your grandmother. As for a potential claim, if she in fact did not have cancer and did die of a UTI, there may be a claim. You would need to prove all those things. Was an autopsy performed? What does the death certificate say? Also, the strength of the case may depend on some practical considerations. While it seems very crass to even consider, your grandmother's age and life expectancy is a factor. You should at least speak to an attorney to discuss all of these issues.
    Answer Applies to: Oregon
    Replied: 7/7/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    If the doctor diagnosed her with cancer and the UTI was not treated, it was probably related to the decision for hospice care. I am confused as to whether or not cancer was diagnosed although you said that it was not bone cancer.
    Answer Applies to: Pennsylvania
    Replied: 7/7/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    For a malpractice claim only if she has a spouse or a child under 25.
    Answer Applies to: Florida
    Replied: 7/4/2013
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    All of the medical records must be obtained by you, then we have a doctor review these records. If the doctor violated the standard of care then yes there is a lawsuit. However the damages are limited by your grandmother's age and lost wages. Further if she would have died shortly even without the uti then the damages would be small.
    Answer Applies to: Tennessee
    Replied: 7/6/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    You may be able to sue the hospice care center, the hospital or the doctors or all or two of them. It is impossible to say without knowing more about the facts. You should consult with a lawyer experienced in Medical Negligence cases.
    Answer Applies to: Oregon
    Replied: 7/6/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You would have to get a medical professional to indicate that the standard of care was not followed.
    Answer Applies to: Connecticut
    Replied: 7/4/2013
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Joel Ewusiak
    Under Florida law, medical malpractice claims are subject to pre-suit investigation requirements. The claim will need to be evaluated by a licensed physician/specialist who will review and analyze the medical records. If a licensed physician provides an affidavit that medical negligence is involved, a claim may be pursued against the doctors involved. Most firms, such as my own, handle medical malpractice claims on a contingency fee basis. You should consult with a Florida attorney. And you should act swiftly. The deadline to file wrongful death/medical malpractice claims is shorter than most claims (e.g., 2 years).
    Answer Applies to: Florida
    Replied: 2/17/2012
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