Legal Question in Medical Malpractice in Florida
Many complications after gastric bypass surgery
My 30 year old daughter entered the hospital for gastric bypass surgery because of morbid obesety. She had the original surgery on November 13, 2001. She has been in the hospital near death with many complications since then. She developed what the surgeon called MRSA pneumonia. She developed a fungus infection in her blood. They had to do two more surgeries to correct infections and to repair a damaged intestine from the first surgery that had resulted in an abcess resulting in the infection spreading to her abdominal cavity. She has spent approximately 5 weeks in intensive care and an additional 4 days in CCU for an irregular heart beat. She is currently in a regular room, but the ward nurse is trying to return her to CCU for a extraordinarily high heart rate and the CCU will not take her. We have been told that in Florida only my daughter can start any type of proceedings against the hospital but in her condition she cannot do anything. If she passes away do we have any recourse against the hospital?
3 Answers from Attorneys
Re: Many complications after gastric bypass surgery
Only your daughter can protect her legal rights unless you petition a guardinaship court for temporary authority over your daughters person and property. Agreat deal can be learned from two things--1) the original and subsequent operative reports dictated by the physicians and 2) the informed consent form signed by your daughter. This will probably be an all encompassing document that may be very difficult to defeat in court if the complications she has suffered are reasonably expected ones despite good standard care....which is a big assumption. Feel free to call me for more information at 954-524-8911 Thanks, Charles Morehead
Re: Many complications after gastric bypass surgery
I agree with Charles Morehead. If your daughter does not pull through, an Estate will have to be opened and the Personal Representative of the Estate will have two years to file the wrongful death lawsuit against the hospital, doctors and any other possible defendants, assuming there is a legal basis for filing such claims. The attorney retained will conduct a pre-suit investigation to determine whether a viable claim exists. God willing, your daughter will pull through and recover. If so, she may still have a basis for a medical malpractice action. If you have any other questions, please call or write my office (305-445-0937).
Peter A. Gonz�lez
Coral Gables, Florida
Re: Many complications after gastric bypass surgery
Of course your first thoughts are with your daughter. I would contact a local attorney to do some research on the claim against the hospital while you wait for her to recover. You can then be ready to proceed when she recovers.
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