Do I have a medical malpractice suit if my daughter’s doctor diagnosed her with low blood pressure and she died from a blood clot?
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Do I have a medical malpractice suit if my daughter’s doctor diagnosed her with low blood pressure and she died from a blood clot?
She went to the doctor with severe headaches, dizziness and nausea. Her doctor diagnosed her with low blood pressure. After a few days with headaches getting worse, she went back and the doctor diagnosed her with an an inner ear infection. Then 2 days later, my daughter died.
Asked on April 3, 2017 under Malpractice Law, Oregon
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Medical malpractice is a type of personal injury and in such cases, 2 things must be demonstrated that: (1) due to another's negligence (2) a person suffered harm as a result. In this case, there is no question that your daughter suffered physical harm, however the issue of negligence may or may not be present.
In such cases, if a doctor fails to make an accurate diagnosis of a harmful health condition, the issue as regards to negligence is whetheror not the doctor breached the applicable "medical standard of care" under the circumstances. In other words, would a doctor with similar training in the same medical community have accurately wrongfulr death identified the problem?
So while you appear to have a claim here, proving medical negligence can be a complicated. This is why you should contact a personal injury attorney who specializes in malpractice cases. Such a consultation is typically free.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Sorry to hear about your daughter.
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances).
It would be advisable to have your daughter's medical records reviewed by another doctor to determine if malpractice caused her death.
If the doctor writes a report supporting a malpractice claim, it may be possible to settle the case with the first doctor's malpractice insurance carrier. Your daughter's claim filed with the malpractice insurance carrier should include her medical bills and medical reports.
Compensation for the medical bills is straight reimbursement. The medical reports will document her medical condition and will be used to determine compensation for pain and suffering up to the time of death. Pain and suffering is an amount in addition to the medical bills.
If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit against the doctor for wrongful death (negligence).
If the case is NOT settled, the lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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