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  1. #1

    Default Wrongful Death from Malpractice

    On January 27, 2002 My Mother died of a bloodclot at a hospital in Virginia Beach. She was 37 years old. I'll try to keep this short until someone wants more info. My mother was born with hip dysplasia. After she got her tubes tied, she gained a lot of weight. Her doctor told her she would have to drop the weight or get a hip replacement. She ended up getting gastric bypass surgery, and wasnt able to eat solid food for about a year or 2 after that. As we finally thought she was recovering, she starting complaining about a pain in her leg, and how she thought she may possibly have a blood clot. (Im assuming she had one before, or else knew the symptoms well) Well she went into the doctor on Monday, they admit her. The doctors exact words to her and my dad after he asked them to put a filter in her chest "just to be safe" were: "Denise, If you had a blood clot, you would be dead." 4 am on i believe thursday of that week we got a call saying my mother had died of a blood clot. I was 12 then. Im 20 now and want some answers. I talked to my dad briefly. He said he tried hard to sue. He was told that each hospital would just pass it off to the previous hospital she was in. Example "Well she wouldnt have had a bloodclot of hospital A had not done this" etc. And they would keep passing the blame around. i know thats not a lot of details and i can get more if anyone thinks they can help. Again i was young and i understand that money wont bring anyone back but i still feel like someone needs to pay for this. thanks for any help anyone can provide.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    5,252

    Default Re: Wrongful Death from Malpractice

    The SOL would be elapsed to try to resue at this time.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Wrongful Death from Malpractice

    Sorry, the statute of limitations is long expired as the previous poster has said.

    There is only one way that the statute is extended, and that is when the malpractice is not immediately known. The statute then can begin to run from the date of discovery. This of course does not apply in your case.

    Also bad things happen. Stuff happens. Things go wrong. It is not necessarily malpractice.

    Even if the sol had not run, an attorney is legally obligated to investigate your claims before filing suit and chances are there would not be a provable case anyway.

  4. #4

    Default Re: Wrongful Death from Malpractice

    the SOL? not sure i follow. Sorry...

  5. #5
    Join Date
    Oct 2006
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    supratentorial region
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    818

    Default Re: Wrongful Death from Malpractice

    Quote Quoting crackerjack760
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    the SOL? not sure i follow. Sorry...
    Statute of Limitations. In Virginia, one has 2 years from the date of injury.

  6. #6
    Join Date
    Oct 2009
    Posts
    11

    Default Re: Wrongful Death from Malpractice

    The Statute of Limitations is a tricky thing. It's not always when the injury occurred in some jurisdictions but when it first came to light that starts the clock ticking. For example, if information was purposely withheld and you can later prove that (I'm talking Fraud here). A judge will make that decision and no one in this forum but a judge can ultimately do that. Do what you think is right. The worst that can happen is that the case can be thrown out-but you can present a lot of problems if there was fraud insofar as the records and especially from the conduct of the hospitals you descibed as all of that sound very fishy to me to say the least-But you will have to prove that. It will not be easy, but worth a shot for closure. You have nothing to lose.

  7. #7

    Default Re: Wrongful Death from Malpractice

    I understand this thread is excessively old now, and all of this is probably irrelevant now, but I will continue anyway. Apparently my father had all my mom's medical records pulled after she died. There is certainly some alarming...things as far as hospital procedures go. I'm no lawyer but even I raised an eyebrow to some things. Also, not that it counts for anything but my fiancee who is about 1 month away from getting her nursing degree was going through some of the files and said that a lot of the major surgeries that were documented, and things of that nature were done so very sketchy, especially things related to the blood clot.

    The biggest issue for me however, is that 2 days before she died, and roughly a day or two after being admitted and told "if she had a blood clot, she'd be dead", the doctor wrote in her file that he had indeed detected a blood clot, but that it "seemed benign" so he opted not to perform whatever common procedure it is that they do to freeze the clot. Sorry I don't remember the terminology and the files aren't in front of me. My point is, in her file the doctor clearly states that Yes, my mother was correct in her assumption and there WAS a bloodclot in her leg. and that because it "seemed benign" he decided not to attempt to destroy it. Thats fine and all, but why would he not put the filter in her chest JUST IN CASE this thing wasn't benign?? I mean...it REALLY seems like common sense to me.

    I wish I wasn't a child back when she died and I could have seen the writing on the walls. As has been stated, the time that has elapsed is far too great for me to get anything out of this. Not that anything could compensate a loss so great...But I still feel like that doctor could have done a number of simple things to save her life and for whatever reason, decided not to. And for that he should pay in some way.

    If no advice can be given, do any of you think this is even worth taking to a lawyer of some kind?? My father was a 24 year marine veteran and apparently has a friend who served as a judge somewhere and that judge apparently told him that in VA, it was a waste of time and would get him no where. I don't ever remember my father having and friends who were judges and I often wonder if he just did not try because he didn't care anymore. But he DID pull all her files so he must have tried something.

    So, is this worth pursuing a lawyer for after all the time that has passed?

  8. #8
    Join Date
    Oct 2006
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    supratentorial region
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    818

    Default Re: Wrongful Death from Malpractice

    Quote Quoting crackerjack760
    View Post
    I understand this thread is excessively old now, and all of this is probably irrelevant now, but I will continue anyway. Apparently my father had all my mom's medical records pulled after she died. There is certainly some alarming...things as far as hospital procedures go. I'm no lawyer but even I raised an eyebrow to some things. Also, not that it counts for anything but my fiancee who is about 1 month away from getting her nursing degree was going through some of the files and said that a lot of the major surgeries that were documented, and things of that nature were done so very sketchy, especially things related to the blood clot.

    The biggest issue for me however, is that 2 days before she died, and roughly a day or two after being admitted and told "if she had a blood clot, she'd be dead", the doctor wrote in her file that he had indeed detected a blood clot, but that it "seemed benign" so he opted not to perform whatever common procedure it is that they do to freeze the clot. Sorry I don't remember the terminology and the files aren't in front of me. My point is, in her file the doctor clearly states that Yes, my mother was correct in her assumption and there WAS a bloodclot in her leg. and that because it "seemed benign" he decided not to attempt to destroy it. Thats fine and all, but why would he not put the filter in her chest JUST IN CASE this thing wasn't benign?? I mean...it REALLY seems like common sense to me.

    I wish I wasn't a child back when she died and I could have seen the writing on the walls. As has been stated, the time that has elapsed is far too great for me to get anything out of this. Not that anything could compensate a loss so great...But I still feel like that doctor could have done a number of simple things to save her life and for whatever reason, decided not to. And for that he should pay in some way.

    If no advice can be given, do any of you think this is even worth taking to a lawyer of some kind?? My father was a 24 year marine veteran and apparently has a friend who served as a judge somewhere and that judge apparently told him that in VA, it was a waste of time and would get him no where. I don't ever remember my father having and friends who were judges and I often wonder if he just did not try because he didn't care anymore. But he DID pull all her files so he must have tried something.

    So, is this worth pursuing a lawyer for after all the time that has passed?

    Again, I am sorry for your loss, but you've already been told the statute of limitations has passed long ago. As you've said, nothing can compensate the loss of your Mom. I will, however, attempt to answer some of your questions if it will help you to move on.

    What major surgeries or "sketchy" treatments are your almost nursing graduate boyfriend referring to? Was you Mother receiving anticoagulant therapy during the time she was admitted? Did you Mom have any previous blood clotting disorders?

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