Legal Question in Medical Malpractice in Illinois

prescription mistake

my grandmother was given 40mg furesomide{lasix}in bottle marked 20mg and she was on twice a day.94 years old and had colon cancer.she became dehydrated,urinary tract infection and coumadin levels were up 4 times normal.we have contacted walgreens and their insurance has begun an investigation.i have a few questions

1.-my grandmother died last week and my brother was her power of attorney they sent a paper for her to sign so they can look up her hospital records.can hesign or should we notify their insurance she has died?

2.-she has a husband,will this money if collected go into an estate so her daughter my mother who took care of her for three weeks and she died in her home or all go to her husband.

3.-is this worth pursuing now that she has passed away

thank you


Asked on 5/19/04, 12:19 pm

2 Answers from Attorneys

Jeffrey Friedman Law Office of Jeffrey Friedman

Re: prescription mistake

The insurance company should be advised of your grrandmother's death. You may wish to consult directly with an attorney so that an investigation can be done on your behalf regarding this claim. Please feel free to contact my office at 312-357-1431.

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Answered on 5/19/04, 6:03 pm
Nima Taradji Taradji Law Offices

Re: prescription mistake

Sorry to hear about you grandmother's death.

1) You should advise the insurance company of her passing.

2) Usually all power of attorneys are void upon a person's death. There may be exception depending on the facts of a particular case;

3) any moneys collected will go to your grandmother's estate-and will be distributed according to her will, if any.

4) Giving an insurance company an authorization to go around and snoop into your grandma's medical records is like giving the fox the key to the hen house...

5) The adjuster from the insurance company's SOLE purpose is to short change your grandma's estate and to make sure if any moneys the insurance company has to pay out is the most minimal--do NOT trust anything the insurance company says.

6) The best thing you can do is to consult an attorney with a possible medical malpractice claim. The medical records must be examined by an expert (someone who is retained by you or your attorney and NOT the insurance company, because we all know what the insurance company's "expert" will say) who will take an honest look at the medical record and determine whether the mistake had anything to do with your grandma's conditions and/or her death and weather the pharmacy failed in following the standard of care in this community.

7) You possibly have a very good case. I cannot stress the necessity of getting the help of an attorney--don't do this by yourself lest you want to end up with less than honest money.

I hope this helps,

Nima Taradji

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Answered on 5/19/04, 7:11 pm


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