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Is this malpractice?

  • Thread starter Thread starter Nancy Q.
  • Start date Start date

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Nancy Q.

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I live in New York.

Last summer, my mother had surgery performed in order to cause her lungs to cease filling with fluid and allow her to breath easier and improve her quality of life. She had breast cancer and had suffered lung and heart damage as a result of chemotherapy. In one year, she went from being a strong, healthy cancer patient with rising cancer markers to a woman unable to breath as a result of a series of unsuccessful heart and lung procedures and misdiagnosed blood clots in the lung.

We went to see some highly regarded doctors who felt that the surgery could be performed and that she would benefit from it. So, we scheduled and the surgery was performed. She was released many days later to go home and continue recovery. We never made it home. She passed out in the car on the during the drive from the hospital. We called 911 from the side of the road, and an ambulence brought her to the nearest hospital where she passed away within a few hours. A relative who is a PA feels that she probably had released a blood clot. Because this had happened before, were the doctors negligent in releasing a patient who would never make it home? I keep feeling that I should have known something was wrong and insisted she stay in the hospital, but isn't that the job of the doctors?

The last few months have been the worst of my life, and I have avoiding thinking about any of this, much less seeking legal advice about a lawsuit. But, friends have urged me to at least ask.

Is this malpractice? Is this wrongful death? What are the statute of limitations in New York?

Any advice in this matter would be greatly appreciated.
 



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