Do we have a case if my mother died from a hernia repair? 25 Answers as of February 28, 2014

The surgeon cut into her small intestines on Thursday then they rushed her back to O.R. on Saturday. She became septic and she suffered for thirty five days before she died.

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Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
You may have a case; a lawyer who understands professional negligence issues will need to review the medical records, the consent form and the applicable standards.
Answer Applies to: Iowa
Replied: 2/28/2014
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
Yes, you do have a case.
Answer Applies to: New York
Replied: 2/28/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for ?pain and suffering?, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit.
Answer Applies to: California
Replied: 2/28/2014
David Hoines Law
David Hoines Law | David Hoines
This maybe a good claim.
Answer Applies to: Florida
Replied: 2/28/2014
Pius Joseph A Professional Law Corp. | Pius Joseph
Could be malpractice but will need to review the medical records.
Answer Applies to: California
Replied: 2/28/2014
    Steven Meyer | Steven Meyer
    I'm very sorry to hear about your mother. You should definitely speak right away to a lawyer in your area who specializes in this type of case. Medical malpractice cases are complex and there are usually a number of requirements that one must fulfill before a case is filed. Most lawyers do not handle these cases, so you need to speak to someone who has a lot of experience in handling these cases. I'm not sure where this occurred, but if it was in Florida we'd be happy to speak to you about the claim. I am board certified in civil trial law, which indicates that I am an expert in handling civil trial matters.
    Answer Applies to: Florida
    Replied: 2/28/2014
    Kirby G. Moss PC | Kirby G. Moss
    If the Dr can be shown to have been negligent i.e. his/her care fell below the applicable standard of care, then there is a claim. Get a lawyer who handles these cases and know that Statute of Limitations is 2 years from date of reasonable discovery of the claim.
    Answer Applies to: Indiana
    Replied: 2/28/2014
    Durham Jones & Pinegar | Erven Nelson
    It sounds like you have a have a case for malpractice and wrongful death. You would need to find another surgeon who would testify that your mother?s surgeon was negligent (careless) and that his/her surgical technique did not meet the standard of care in the community where the procedure took place.
    Answer Applies to: Nevada
    Replied: 2/27/2014
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    This likely can be pursued. Cutting the small intestine is generally not an accepted complication of hernia repair. Likewise, inspection before closing should reveal such damage, allowing for repair during that surgery. Proceed promptly. The limitations period typically applicable to such matters is short. Though death may elongate that period, nonetheless do not potentially compromise your matter by delaying.
    Answer Applies to: Michigan
    Replied: 2/27/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    From your description it would certainly appear that you may have a medical malpractice case.
    Answer Applies to: Michigan
    Replied: 2/27/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Of course, it was certainly unexpected that a hernia repair operation would have such dire consequences. Even so, .in order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and I suppose it's possible that the unintended incision is one of the known risks of this type of operation (though even in writing this, it sounds implausable to me) You will need to get copies of all of your mother's medical records and have a doctor review them; if he/she is willing to testify that the surgeon failed to conform to accepted practice, then you have a case.
    Answer Applies to: New York
    Replied: 2/27/2014
    Fluhr & Moore, LLC | Steven S. Fluhr
    there is a good chance that you have a case.? Get to an attorney for review as soon as possible.
    Answer Applies to: Missouri
    Replied: 2/27/2014
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    Without seeing the medical records it is not possible to say for certain that there is a viable case. It ultimately depends upon the standard of care and whether the standard was violated by "cutting into her small intestines". You certainly need to have an attorney look into the matter for you (before you start asking the doctors what went wrong, and they start covering their tracks).
    Answer Applies to: Washington
    Replied: 2/27/2014
    Ty Wilson Law
    Ty Wilson Law | Ty Wilson
    Yes, you need to speak with a medical malpractice attorney immediately as their are certain deadlines.?
    Answer Applies to: Georgia
    Replied: 2/27/2014
    Chalat Hatten Koupal & Banker PC
    Chalat Hatten Koupal & Banker PC | Linda Chalat
    My deepest sympathy on the loss of your mother. The loss of a parent is a terrible event, made even more so by the suspicion of wrong doing. We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times. Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are clearly apparent in the medical record. Your mother's experience is very troubling. She probably signed an informed consent form which acknowledges that injury to the small intestine is a risk of the hernia repair. However, typically it is the duty of the surgeon to recognize when such an injury has occurred and correct it before closing the incision. Even if negligence can be established, it may still not be in your best interest to pursue a case. We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim. Only those cases where there is catastrophic injury do the damages warrant the risk of litigating the claim. Obviously, wrongful death is a catastrophic outcome. We would welcome an opportunity to discuss your matter with you. Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so. Other time limitations may apply.
    Answer Applies to: Colorado
    Replied: 2/27/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You did not tell me very much but it sounds like malpractice. you need to get the complete chart (record) and have it reviewed by a surgeon and ask him that question. if you have a case you need the best malpractice lawyer you can find. The cases are hard. All doctors are Gods (or think they are) and they usually don't admit fault and they usually get their doctor friends to lie for them about standards
    Answer Applies to: North Carolina
    Replied: 2/27/2014
    Jules D'Alessandro | Jules D'Alessandro
    My sincere condolences on the death of your mother. You definitely have a case that is worth looking into. People should not die from sepsis following a hernia repair operation. Please feel free to contact me directly we handle medical malpractice cases such as this.
    Answer Applies to: Rhode Island
    Replied: 2/27/2014
    End, Hierseman & Crain, LLC | J. Michael End
    Did your mother leave a surviving spouse? In Wisconsin, there must be a surviving spouse or minor children in order to be able to pursue a case for loss of society and companionship when a death was caused by medical negligence. The other potential case would be on behalf of your mother's estate for the conscious pain and suffering she endured because of the negligence of the surgeon, assuming it could be proved that the doctor was negligent, which is generally a very difficult thing to prove. If there was a surviving spouse who wants to look into a potential claim, he should hire a lawyer in his area who specializes in representing people who are injured by medical negligence. The lawyer will be able to investigate the case to determine whether a case should be pursued. The statute of limitations for the case will expire three years from the date of the surgery, so keep that deadline in mind.
    Answer Applies to: Wisconsin
    Replied: 2/27/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Maybe. You need to talk with a local medical malpractice attorney to be sure.
    Answer Applies to: Idaho
    Replied: 2/27/2014
    Lewis B. Kaplan | Lewis B. Kaplan
    I am very sorry for your loss . This case deserves thorough evaluation by a lawyer skilled in medical negligence cases . The first thing that will be needed is to get all relevant medical records and have them reviewed by a physician as your consultant . That physician would be qualified to give an opinion on negligence of the physician who did the operation.
    Answer Applies to: Illinois
    Replied: 2/27/2014
    Padove Law | Burton A. Padove
    Please accept my condolences for your family's tragedy. You may have a case. The records will need to be reviewed in order to determine whether there is a case. Is there an autopsy? If not, and it is not too late, you should ask for one. Contact an attorney in Indiana who handles malpractice and wrongful death cases.
    Answer Applies to: Indiana
    Replied: 2/27/2014
    Di Giacomo & Gruss | Christopher Di Giacomo
    I would believe that based on the facts as you presented there could be a medical malpractice claim. I would advise that you contact a lawyer immediately to preserve any evidence and statute of limitations.
    Answer Applies to: Massachusetts
    Replied: 2/27/2014
    Nash & Franciskato Law Firm
    Nash & Franciskato Law Firm | Brian Franciskato
    It is possible. Please contact me if you would like to discuss your case in greater detail.
    Answer Applies to: Missouri
    Replied: 2/27/2014
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    We would be happy to provide you with a free consultation concerning the potential claim on behalf of your mother if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
    Answer Applies to: Illinois
    Replied: 2/27/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Maybe, but it takes the opinion of a medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one. Good luck.
    Answer Applies to: Alabama
    Replied: 2/27/2014
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