Malpractice case?

[rm1759]

What is the name of your state?What is the name of your state?FL

My ex has terminal cancer. She was having back problems from oct - dec. 2004. She went to see her oncologist in october, and had scans done to see if the cancer had spread to her back. Oncologist never told her that it had until Jan. 2005.

She was going to the hospital in december to have them look into her back pain, and fell on her way, fracturing several vertebrae in her back. She had surgery to strengthen these, and was scheduled to have an MRI done at a different lab from the hospital, while transporting her there, they dropped her, the doctor at the MRI lab refused to take her. She came back to the hospital, and further x-rays were done, the drop had caused her to severely fracture another vertebrae which required immediate emergency surgery. They told her she had a 50/50 chance of ever walking again. (at this point they still do not believe it is the cancer making her bones so weak). As it turns out, it was the cancer, and the oncologist finally informed her family of it in January.

To date she has not gotten out of the hospital bed, she is at home now, and does not have long left to live.

We have a daughter together, is there a case of malpractice here for our daughter? Could I file it on her behalf? If there is any kind of settlement, could I put it in a trust for her?

 

[ellencee]

rm1759
You should contact a medmal attorney ASAP so the attorney can speak with your ex-wife. Your ex-wife and your daughter very possibly have just cause to file a medmal claim (dropping a patient is negligence in its purest form).

Not revealing the presence of bone mets from December to January is not an unusual length of time-especially if no treatment was to begin immediately and (with the holidays) it probably wasn't.

Medmal requires significant damages that would not have otherwise occurred without an act, or acts, of negligence. An award in this scenerio would have to take into consideration what her level of activity would have been without having been dropped and injured. There is, however, a huge difference in having the vertebrae 'strengthened' (what a great 'new' intervention!) and having surgical repair fractured vertebrae. The results of her being dropped are transport costs and surgery/hospital costs that your ex-wife would not have otherwise accrued, the costs of recovering (home health? home equipment?), and the premature loss of independent living.

Obviously, the vertebrae were going to continue to fracture and probably at some point would have removed the ability to walk. Therein lies a problem of significant damages that would not otherwise have occurred. An oncologist is going to have to review her records prior to, during treatment, and after the fall. After a thorough review of the records, the oncologist can make a statement as to what her prognosis, treatment plan, and expected level of functioning would have been if she had not been dropped.

I assume you will have custody of your daughter at some point, or maybe you already do. Whichever, you can consult with an attorney on behalf of your daughter. If there is any award, you can pretty much count on its being placed in trust for your daughter.

Your ex-wife has reason to consult with a medmal attorney. She can name you as her representative, or she can name a power of attorney to represent her interests; speak with her about her wishes--just go ahead and start finding an attorney with whom you feel you can trust and can spend considerable time with while working on this claim.

Best wishes,
EC

 

[rmet4nzkx]

Also, if this has not already happened, social security disability needs to be applied for, this will also provide benefits now and in the future for your daughter.

 

[rm1759]

Thank you for your responses, unfortunately, my ex is not in any condition to speak with an attorney. Her passing is extremely imminent, and she has deteriorated to the point where she is confused most of the time. I really don't wish to try to bring this on her at this point in time. The prognosis from the oncologist report in october was 6 months, and the doctor said there was no treatment which could have been administered. With that information, is there still a case? I believe the additional fracture made her last few months much more difficult and painful.

Edit: Rmet, you mention social security disability, I was aware that my daughter qualifies for social security survivors benefits, but would she also qualify for social security disability? I am not sure, but I believe she is on long term disability from her employer.

 

[rmet4nzkx]

Thank you for your responses, unfortunately, my ex is not in any condition to speak with an attorney. Her passing is extremely imminent, and she has deteriorated to the point where she is confused most of the time. I really don't wish to try to bring this on her at this point in time. The prognosis from the oncologist report in october was 6 months, and the doctor said there was no treatment which could have been administered. With that information, is there still a case? I believe the additional fracture made her last few months much more difficult and painful.

Edit: Rmet, you mention social security disability, I was aware that my daughter qualifies for social security survivors benefits, but would she also qualify for social security disability? I am not sure, but I believe she is on long term disability from her employer.

Mom would have also been qualified for SSDI with the prognosis of less than 1 year to live or unable to perform any sort of work, she is entitled to SSDI and LDT often they must apply for both and the amounts are prorated. With SSDI there is a depentent/survivor benefit which starts for your child as soon as the parent qualified, this can be done retroactively if possible. SO even if mom was receiving LTD and only a small part of SSDI your daughter would still be entitled to her benefit which is about 40% of the parents benefit. THis benefit converts from dependent to survivor benefit upon death. Call Social Security they can assist they can also back date the claim to the qualifying disability period, so if your ex has been disabled it might go back more than October 2004. If your ex is too ill to talk with an attorney you can do that as the childs parent.

 

[rm1759]

Mom would have also been qualified for SSDI with the prognosis of less than 1 year to live or unable to perform any sort of work, she is entitled to SSDI and LDT often they must apply for both and the amounts are prorated. With SSDI there is a depentent/survivor benefit which starts for your child as soon as the parent qualified, this can be done retroactively if possible. SO even if mom was receiving LTD and only a small part of SSDI your daughter would still be entitled to her benefit which is about 40% of the parents benefit. THis benefit converts from dependent to survivor benefit upon death. Call Social Security they can assist they can also back date the claim to the qualifying disability period, so if your ex has been disabled it might go back more than October 2004. If your ex is too ill to talk with an attorney you can do that as the childs parent.

This SSDI which she qualifies for, does that convert to social security survivor's benefit, or is it in addition to the social security survivor benefit? If it is a different benefit, will we still be able to file for that after her mother passes?

 

[rmet4nzkx]

This SSDI which she qualifies for, does that convert to social security survivor's benefit, or is it in addition to the social security survivor benefit? If it is a different benefit, will we still be able to file for that after her mother passes?

Apply for it now, it converts when she passes, if she doesn't have it already there may be a back payment.

 

[ellencee]

rm1759 The prognosis from the oncologist report in october was 6 months, and the doctor said there was no treatment which could have been administered. With that information, is there still a case? I believe the additional fracture made her last few months much more difficult and painful.

I (we) can not say whether there is or isn't a case that will result in compensation to the plaintiff. My opinion remains that dropping a patient is pure negligence: there was a duty to protect the patient from injury during all phases of her care; the persons who dropped her knew or should have known that failure to protect the patient could result in the patient's serious injury or death. Whether from improper physical technique or failure to secure her on the stretcher or horseplay, they failed in their duty to protect her and she was seriously injured. The translation into money is will be a factor in finding an attorney.

Florida's recent cap on nonmedical expenses and attorneys' percentage of the monetary award may make it more difficult to find an attorney.

EC