Legal Question in Medical Malpractice in Pennsylvania

Silence from doctors in cause of death of mother

My mother died on January 3, 2004. She had been admitted on December 17, 2003 with a severe urinary tract infection. Fearing the infection had spread to her blood (it had),and that it could have settled on the mechanical aortic valve she had, doctors started her on IV antibiotics, slated to last 6 weeks and began juggling her blood-thinner doses. My mom seemed to improve as the days worn on, but began acting as strangely as she had when I had brought her in. I asked about this seeming step backward, but was told to expect it because she had sepsis, was 73 and still being treated for dehydration and that confusion was a symptom. She developed a hematoma in her groin and I was told that she had hit her thigh on the bed while getting into it upon returning from having a test done. I was alarmed because when I visited the next day it was bigger and she still was acting spacey. I bugged everyone I could because I felt uneasy leaving her. The nurses assured me they'd watch her. The next day, Xmas morning, I came and my mom was being rushed to ICU because she had had an heparin-induced bleedout which led to a stroke and shock liver. No helped. She stroked again. Body systems shut down, then she passed. Do I have a case for negligence?


Asked on 2/27/05, 3:47 pm

1 Answer from Attorneys
Arthur Newmark Arthur Newmark, M.D.. Esq

Re: Silence from doctors in cause of death of mother

If you believe that you have a malpractice case, I urge you to seek in person consultation with an attorney as soon as practical.

The two year �Statute of Limitations� is deceptive as there are many factors that cause a delay in evaluating a case. Among them: 1) Hospitals are in no hurry to release records. 2) If your mother died without a will - someone needs be appointed administrator even before you can REQUEST records. 3) Given a complicated hospital course the records may be voluminous and require time to evaluate. It appears that more than one year has passed with no action on your part.

The history you give raises a number of suspicions which deserve evaluation if you decide to proceed.

There is a key decision point which will separate ALMOST CERTAIN NEGLIGENCE from �possible� negligence:

1) Did your mother bleed out from failure to properly titrate heparin

- ALMOST CERTAIN NEGLIGENCE

2) Did your mother bleed out from failure to heparin associated thrombocytopenia

- probably not negligence.

From the history you recounted - it could be either.

There are other factors in deciding whether this is a viable case - far more than can be discussed in this forum

If you are interested in pursuing this - you should contact a malpractice attorney ASAP.

For a variety of reasons - I may not be the appropriate person to handle this particular case at this time - But I would be happy to consult with the attorney of your choice - See the referrals pages of this site.

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Answered on 2/27/05, 5:55 pm


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