Legal Question in Medical Malpractice in Pennsylvania

About 10 years ago my Father received a heart valve transplant from a cow, Three years later he was diagnosed with mad cow disease and died 9 months after.

The doctors told my Mother the transplant had nothing to do with it. Shes old school and believes whatever a doctor tells her.

I find it ironic that a man who lived very healthy until then, to contract something as rare as this under these circumstances.

Could this be a case of malpractice?


Asked on 8/19/09, 2:57 pm

1 Answer from Attorneys

Arthur Newmark Arthur Newmark, M.D.. Esq

If you believe you have a case, I encourage you start calling medical malpractice attorneys today. Medical malpractice attorneys will generally listen to your story for free. If they think you have a case, they will invite you to their office to find out more details. Generally they will not charge for this service, but will offer to take the case on a contingent fee basis, meaning you only pay them out the money they win for you, if any.

Personally, I do not see a medical malpractice case.

Your father�s surgery was most likely not related to his mad cow disease. The incubation period of mad cow disease is estimated to be between 10 and 30 years. Most likely, he picked this up from eating meat from an affected cow some time between 1972 and 1992.

The more important reason I don�t see a case here relates to the statute of limitations.

Assuming what you say is accurate, you had a maximum of two years from the time of your father�s death to initiate a lawsuit. Your right to sue expired in 2004. This is my opinion only

As I said in the first paragraph, most medical malpractice attorneys will speak to see you over the phone for free. So I urge you to contact attorneys as soon as possible if you would like to discuss a possible case.

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Answered on 8/24/09, 4:37 pm


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