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  1. #1

    Default Mother Died of a Massive Heart Attack

    I have a couple of questions about suing the cardiologist but 1st i will give you a background. My mother went for a breast examination and discovered she had a lump on her breast. The outcome was that she had a caught a cancerous lump in early stages so surgery was recommended followed by chemotherapy to make sure nothing else showed up. She went to her primary physician who advised her to get a pacemaker put in for a minor heart murmur. She started having pains that the cardiologist said was after surgery pains. Weeks turned into months and she was having pains that were so severe that she had to sit down, and one day somebody had to catch her from falling. About 3-4months later she got up to turn the tv off and she dropped dead. The ambulance got there but she had died pretty much instantly. They said it was a massive heart attack that killed her instantly. She had no heart issues other than a murmur and there is no heart disease in our family. So needless to say it was very weird. We had an autopsy done and the concluded that she had multiple heart attacks and her heart just couldnt take anymore. which explains all the pain. Every instance where she would just sit and let it pass was a heart attack with some worst than others. She went to her cardiologist alot to find out what was wrong and he said it was just pain and gave her pain pills to take. This obviously a medical malpractice and wrongful death case. My questions are. Is there a cap in virginia for these types of cases? What is a realistic amount that would make a difference? and What kind of roadblocks will run into with this case?

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Mother died of a Massive Heart Attack

    Armed with her autopsy and her medical records, have a consultation with a personal injury lawyer who specializes in medical malpractice.

    The lawyer will tell you if you have a case and, if so, how much it is worth.

  3. #3
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Mother died of a Massive Heart Attack

    Quote Donald
    This obviously a medical malpractice and wrongful death case. My questions are. Is there a cap in virginia for these types of cases? What is a realistic amount that would make a difference? and What kind of roadblocks will run into with this case?
    There is no cap on attorney fees in VA. The cap on damages of all kinds in medical malpractice is now $2million.

    A realistic amount is something you need to decide if it will make a difference.

    You might consider requesting Supreme Court of Virginia appoint a panel (md's and lawyers) to review the claim and advise you about the viability of your claim as a part of their arbitration program in medmal practice cases.

  4. #4

    Default Re: Mother Died of a Massive Heart Attack

    Does this cap of 2 million also include wrongful death? Or should i make them wrongful death and medical malpractise a seperate case?

  5. #5
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Mother Died of a Massive Heart Attack

    If you are going to pursue a malpractice claim for wrongful death you should consult at least three medical malpractice attorneys. The fee for a consultation is usually nominal if not courtesy.

    Your case needs to be evaluated by attorneys in your state.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Mother Died of a Massive Heart Attack

    For a wrongful death action, the typical process is that an estate is opened and the administrator seeks authorization to bring the malpractice / wrongful death suit on behalf of the estate. It's not two separate actions.

  7. #7

    Default Re: Mother Died of a Massive Heart Attack

    Thanks for your help !!!

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