malpractice?

[Vito]

I live in the state of Florida. In April of 2000, my grandfather was having flu like symptoms so we took him to our family doctor who treated him with antibiotic. Two or three days later his condition worsened, we called the doctor back and he instructed us to monitor his condition and if there was no improvement, then bring him back to the office. The following day we had to take him to the hospital where he was admitted for possible Pneumonia. When his family doctor examined him the following day he diagnosed him with congestive heart failure. He seemed to be making minimal improvements, when the doctor decreased the amount of care he was receiving, in a more monitored unit and placed him in a regular room, against the families wishes. Once being moved his condition appeared to deteriorate, but the doctor stated one week later that he could be discharged and was sent home with a cathator to be monitored by family members. Later that day after his release we had to call 911 and he was rushed back to the hospital (a different hospital this time). Once there, the ER doctor stated that he was VERY ill and that he should have never been released from the first hospital. He died two weeks later. Is this neglegence or malpractice of some kind?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

IF a reasonable doctor in the same practice area in the same region would have diagnosed it differently than doctor 1, it is very likely medical malpractice. Also, if doctor 1's diagnosis was not what a reasonable doctor would have considered, it is also medical malpractice. Finally, it would only be medical malpractice if this misdiagnosis caused/hastened your grandfather's death.

To file a wrongful death claim on behalf of the family and a possible survival claim on behalf of your grandfather, you should seek the counsel of a medical malpractice attorney in your area. He/she would be able to use case and statutory law to tell you whether you stand a good chance at recovering directly from doc, his insurance carrier or both.

http://www.attorneypages.com

 

[PamSJS]

Dear Vito;

Here's my assessment...your grandfather was a victim of the "system". Even though he may have been very ill, the insurance company (medicare?) probably made the determination that he was well enough to go home and therefore instructed the physician and/or hospital to release him. Instead of the physician using his judgement and keeping your grandfather in the hospital against the wishes of the insurance company, he has placed himself in a position of being sued for negligence/malpractice.

You may have claims against the physician, hospital, and the insurance company. Take the advice of Lawrat...find a good medical malpractice attorney. Don't delay though...the statute of limitations in Florida is only 2 years from the date of death. (I think.)

Good luck and God bless!

Pam