Legal Question in Medical Malpractice in Puerto Rico
Wrongful Death
My mother,retired in Puerto rico was rushed to Hospital for excessive vomiting. My father saw them force this tube down her throat so roughly that my mother writhed in pain. She was then taken 2 hrs away to another hospital. I was told she had a Myocardia Infarct. She passed away early next morning. On the doctors cause of death, he wrote Myocardial Infarction. I just recved.the Coroners autopsy report, he states cause of death was Upper GI Bleeding. I strongly believe the technicians that forced this tube down my moms throat lacerated her upper GI thus causing the bleeding. They just said it was her heart was too weak as her blood pressure dropped as she recvd. blood. I suspected internal bleeding but was informed by the nurse that it was that the heart was so weak. We are gathering all records to be viewed by her primary physician here in NY. What are the legal guidelines? Do we deal with a NY Lawyer or must we retain one in PR. My mother was only 62. Learning this information is like losing her all over again. I am besides myself with grief.Thank you for any help aand guidance in this matter.
3 Answers from Attorneys
Re: Wrongful Death
I am very sorry to hear of your loss. Based upon what you have said, it seems pretty clear that the persons responsible for your mother's passing should be held accountable. I believe that any lawsuit would have to be filed in Puerto Rico. Having said that, my suggestion would be to retain a NY attorney who can interact with your mother's primary physician here in NY and then file the action in Puerto Rico using local counsel (at no additional cost to you). I would be happy to discuss this with you further and answer any additional questions you might have. Again, you have my deepest sympathy.
Re: Wrongful Death
I am sorry to hear of your tragic loss.
Under New York law, in order to prevail in a medical malpractice case, a physician must make a determination and render an expert opinion that the treatment your mother received was below the standards of acceptable medical care.
It is not really possible to know, based upon your message, whether there was medical malpractice, although it is horrible what happened. For example, inserting a nasogastric or orogastric tube is sometimes appropriate treatment for GI bleeding and could possibly have been the treatment rather than the cause. We also do not know if your mother had underlying liver or other diseases that would contribute to GI bleeding. These types of issues can only be determined by a physician's reviewing the records and your mother's medical history.
I recommend that you communicate with an experienced medical malpractice attorney who is prepared to obtain your mother's records and a physician's evaluation of the treatment. Your mother's prior doctor may not be the best doctor to conduct the evaluation. We deal with doctors who are experienced in malpractice case testimony and are experienced in evaluating a medical records for those purposes.
If you wish to discuss this matter, please feel free to contact me.
Craig J.J. Snyder
877-226-5452
Re: Wrongful Death
First off, let me express my condelences on your loss.
Next, there would be two (2) elements...pain and suffering and wrongful death..these are two separate distinct legal causes of actions (reasons to sue).
In such a case, if your mom lived in P.R. and was also passed away in the same hospital there, the matter would probably have to be brought there. (There might be a way to bring the action in the Federal Courts here in NY but that is not presently clear).
Please feel free to contact me to discuss this matter at 212-764-5428. I can also, if needed, assist you in finding a competent attorney in Puerto Rico through my membership in the Trial Lawyers Association.
Good Luck
Robert R. "Bob" Groezinger
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