Should I seek legal counsel?

[tggrsmommy]

What is the name of your state? Virginia

I have a question as to whether or not my daughter could have been saved before she had contracted a severe strep infection that ultimately killed her. First, let me say, Emily Kathryn Elizabeth was admitted with ALL on June 6,2003. She was almost 6 months old. She went into remission shortly thereafter, and stayed in remission for approximately 9 months. She was in the hospital for a 3 week treatment when she began to show signs of relapse. However, because they had to have the room, they rushed her out, in spite of her not walking, and being constipated, and lethargic. I would like to hear from an expert on this, as I feel they were negligent in treating my daughter. They also waited almost a week after she came down with fever before putting her in ICU. I feel my daughter might still be here, even if fighting, if she had been treated sooner. I was completely blown off by the doctors when I expressed my concern for her symptoms. I want to know beyond the shadow of a doubt if my daughter had a chance, had she been treated when she began to show symptoms of relapse. When her white blood cell counts began to double and then triple, they were rejoicing, while I had alarm bells going off in my head. I had chills when I was told her counts were going so high so fast. I would like some help in this matter, as I can't stop thinking about it. I want to know so I can avoid this happening to other famililes, and other children in the future. The doctor even admitted to my husband that they dropped the ball, so to speak, and that clearly tells me they were negligent. I know there was no guarantee that she would have lived, anyway, but I feel she might have had a better chance. I plan to contact a lawyer regarding this. I will also be asking him/her their opinion. Thank you for any help you can provide. Sincerely, Jennifer Mangum mommy to Emily Kathryn Elizabeth Mangum, 12-7-02/6/3/04were it not for doctors who were too busy to bother to look closely to see what was going on with her. Help me. Please.

 

[ellencee]

tggrsmommy
The chances are slim to none of your proving that your daughter would not have died when she did if the physicians had recognized and aggressively treated the strep infection. Your daughter's illness and the required treatment made her vulnerable to infection, even severe infection, and her ability to fight off infection was made virtually null and void by her illness and by the treatment.

She was in the hospital for a 3 week treatment when she began to show signs of relapse. However, because they had to have the room, they rushed her out, in spite of her not walking, and being constipated, and lethargic. I would like to hear from an expert on this, as I feel they were negligent in treating my daughter.

Decisions to move patients 'out' are made with consideration to all patients. It is similar to the triage method used in ERs. In order to determine if your daughter should have been allowed to retain her hospital room and level of care at the time, it would require a review of all of the (involved) patient's conditions at the time the decision was made.

The doctor even admitted to my husband that they dropped the ball, so to speak, and that clearly tells me they were negligent. I know there was no guarantee that she would have lived, anyway, but I feel she might have had a better chance, were it not for doctors who were too busy to bother to look closely to see what was going on with her.

The physician may have been negligent and "dropped the ball" but that is not the only element in having a meritorious claim of malpractice or in deciding if your daughter's death is attributable to this instance. It would have to be proven that your daughter would have survived the strep infection and the relapse of ALL if the physician had not "dropped the ball". Chances of proving that are very close to zero.

Please. CHKD took my daughter from us.

I'm sure your emotional distress and grief lead you to feel this way. I believe that in time you will understand that ALL took your daughter from you.

Children with ALL, whether in remission or in active disease and undergoing treatment, often die from infections. These children have no way to effectively fight infection; the addition of antibiotics does not greatly improve their chances of fighting the infection, either.

I'm posting a link to Virginia law as it relates to medical malpractice. It appears you have two years from the date of her death in which to file suit. That does not mean you have two years to look for an attorney. If you wish to consult with an attorney, you need to do so at once. I encourage you to seek legal counsel to learn the statute of limitations that will apply and to learn more about the merits of your claim.http://www.wllc.com/pf/medical_malpractice.cfm

You should edit your post and remove any reference to the identification of the hospital or treating physicians as they have no way to defend against your claims on this forum.

With deepest sympathy for your loss,
EC

 

[midsouthmedic]

First if you want to pursue some legal action, you really need to talk with an actual attorney. They the second thing you need to do is get a complete copy of your daughters medical record. As the next of kin, you are entitled to that. When I say complete, you need lab reports, copy of X-rays, physician notes as well as hospital records. Then take them with you to talk with an attorney. But remember that a lawsuit and a possible settlement may not bring you the satisfaction of having that you think it will.