Legal Question in Medical Malpractice in Massachusetts

My mother spent three weeks in the hopsital and ultimately was released home to me under hospice care, dying 3 days after. I have a number of issues with her poor treatment in the hospital and am struggling with the memory of the experience. I truly believe that my mother recieved inadequate care - she entered because of diarreah, shortness of breath and a few days later was diagnosed with, and ultimately died of pneumonia. But she was 70 years old and had emphysema and was on oxygen so was not in great shape in the first place. Nonetheless, for example, after a couple of days in the hospital she had reversible kindey problems due to dehydration.. and there is more evidence of neglect. I am not sure how well it would be documented in the records and not sure if it is worth pursuing. I would like to see the hospital be more accountable for the care they provide patients in the future .. could a lawsuit be justified?

Thanks in advance.

Christine


Asked on 9/01/09, 10:11 am

1 Answer from Attorneys

Warren Wood Law Offices of Warren Wood

First, let me offer sympathy and condolences to you for your loss.

Your loss is understandibly traumatic.

You say your Mother "was not in great shape in the first place". What was her medical diagnosis at the time she entered the hospital? What was her medical diagnosis at the time she entered the hospice? How sick was she?

What is the opinion of her attending health care providers about the quality/standard of care she received in both of these facilities, and prior to entering the care of each facility?

Do you have and have you examined (with professionals) all available medical records in arriving at you opinion regarding your Mother's care?

You said that she was dehydrated. Was this stated in her medical records? Was this a cause or contributing factor to her death? Have you obtained an official copy of her death certificate?

A proper answer to you worthwhile question: "could a lawsuit be justified?", can only be answered by a competent legal professional, after examining all the available documentation in this matter.

Please also be aware of the Massachusetts statute of limitaions in this matter.

This Office often consults on wrongful death and medical malpractice matters. Initial telephone consultations are usually free.

Good Luck!

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Answered on 9/06/09, 12:59 pm


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