Legal Question in Medical Malpractice in New York
Brother in-law passes away at 32 in car accident
Last Thursday my brother in law John died in a head on collision on Rte 9 in Putnam County. Leaving behind my sister Val and two children ages 10 and 7. John suffered from depression and anxiety. His doctor had him on 5 different high doses of medications. He had been approved by the insurance co. for in patient til 2/9 but had an axiety attack and said some things to a nurse and they sent him back to a different floor to better figure out his medication in which the insurance co didn't cover. So, while he was approved for the one place til 2/9... they decided on 2/7 to move him. He died on 2/8. Is there any legal action we can take? Not only that but he hit another car head on and the women is in critical condition and the son is doing ok. I think John might have fallen asleep driving. Calls were made to the police that day that he was driving irratically. I'm concerned with my sister. Please help if you can. Thank you.
3 Answers from Attorneys
Re: Brother in-law passes away at 32 in car accident
Based upon the fact pattern you stated, you may have a legal recourse against one or more of the people mentioned. It is difficult to know for sure who or whether your sister has any recourse, but obviously you should advise your sister to consult an attorney. For example, it is important to know what the specific reason was for your brother-in-laws release, among other information.
If you would like some more guidance, please feel free to contact me (phone or email). These are the types of cases we handle on a daily basis.
James
Re: Brother in-law passes away at 32 in car accident
My heart goes out to you and your family at this time of tragedy. I am very sorry for your loss.
Did you have an autopsy? If not and if the funeral has not yet taken place, an autopsy would be highly recommended to determine the level of medication in his blood. Also, it very important to get all the medical records from his treating physician(s), the facility where he was being treated, the medical provider insurance co., and the hospital where he was taken after the car accident. This is a very serious matter, especially since there is another individual involved, who has been seriously injured in this accident. The injured party may go after your sister's assets if it is determined that your brother in-law was at fault and there is not enough insurance coverage. There may very well be a malpractice claim against the facility if they released him prior to the required date. The insurance company's payment schedule should have no bearing on the patient's treatment, under such circumstances, there may be a bad faith claim against the insurance company. A thorough investigation has to be done. Please tell your sister not to talk to anyone until she contacts an attorney. We are highly experienced personal injury and medical malpractice attorneys and we will be able to evaluate the medical records for you and advise you accordingly. Please e-mail me if you have further questions asap and/or you can call my office at your earliest convenience.
Re: Brother in-law passes away at 32 in car accident
It is a difficult thing that you are facing...and a difficult answer you seek....there is too little information in your post to properly advise you at this time, especially in an internet bulletin board. In medical malpractice, many factors come into play.
I'm in Putnam and you may feel free to contact me for a free phone consult at 8782163 in the 845 area code...
Condolences and best of luck
RRG
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
