Legal Question in Medical Malpractice in Missouri

Re: negligence and wrongful death

It is very possible that there was a mis-diagnosis or failure to properly treat your son. I concur with Mr. McLeod that there is no difference between wrongful death and negligence. For a short informational article on wrongful death claims please visit my website at

http://www.careypersonalinjury.com/pages/8/index.htm

I am very sorry about your loss. I have a newborn myself and can't imagine what you are going through. If you need more information please feel free to call me at the number listed on my website.

Re: negligence and wrongful death

I'm very sorry to hear of your loss. It is tragic.

The answer to your question is easy: There is no difference between negligence and wrongful death. If the medical care was negligent, the death was wrongful and the hospital and/or doctor are liable.

In the medical context, negligence means breach of the standard of care. It is doing what no reasonable doctor would do, or failing to do that which all reasonable doctors would do. Specifically in your son's case, the question would be: Were his symptoms clearly something that should have been treated? Was releasing him with only over the counter meds and no observation below the standard of care?

Only other doctors are allowed to offer such opinions. Part of our case investigation is to retain other doctors and get written opinions about a breacch of the standard of care. Only then do we file a lawsuit on behalf of a patient.

Again, I am very sorry for the loss of your son. If you would like us to help you investigate whether a claim should be made, I'd be glad to do so. You can call me or my partner, Jeff Heinrichs, or our Medical Analyst, Sandra Hull, R.N., at 800 9MCLEOD.

Rich McLeod