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My husband died due to medical malpractice. How do I file a lawsuit against the doctor?
Three years ago, my husband went to see his doctor for a routine check up. The doctor found that his iron levels were abnormally high, so he ordered that my husband come in once a week to get blood drawn in order to lower the iron level in his blood.
Over the course of six months, my husband went to the hospital and a nurse would draw blood as ordered by the doctor. At no point during this time did the doctor check up on my husbands progress. Well, my husband began to feel weaker and weaker, he lost over 60 pounds, until finally he told the nurse that something must be wrong. The nurse insisted that she was doing exactly as instructed by the doctor.
My husband continued to go to the weekly blood drawings, until finally he began to get very ill and weak, to the point where he was bound to the bed in between his weekly sessions.
It was at this point that he demanded that the doctor see him, because he felt he was deteriorating seriously in his health. The doctor came in and seemed to have no clue what was going on. He admitted that these blood drawings should not have gone on for more than one or two months, but the paperwork had been lost and he had forgotten.
To make a long story short, the weekly blood drawings had devastated his immune system, and he died a year later after battling with numerous, constant illnesses.
During that year, the hospital treated him as best they could at no cost to us or our insurance company. I feel they did this to try to make up for the wrong they had done to us.
At this point, I have lost my husband, we've gone through all our savings and retirement funds, and I continue to struggle to make a living without his income. I feel that I have the right to demand more to make up for the financial devastation this negligent medical care has cost us. How do I begin the process of filing a medical malpractice lawsuit against this doctor? Where do I go for advice?
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Answers
I am very sorry to hear about your tragic situation. Often times, cases of medical malpractice boil down to simple mistakes such as lost paperwork or simple failure to follow up with treatment.
The hospital likely paid for all the medical treatment at the advice of their risk management officer. Most hospitals have someone on staff whose job is to minimize the cost of medical malpractice lawsuits. While often, they may be able to "make up" for negligent medical care and avoid a lawsuit, they usually do not come close to really compensating victims for their loss.
Obviously in your case, the free medical care doesn't begin to make up for the financial toll the situation has taken on you and your family. You are well within your rights to file a medical malpractice lawsuit so that you can be made "whole" again.
In order to start the medical malpractice lawsuit process, you will need to talk to a medical malpractice lawyer. You can talk to several specialized medical malpractice lawyers on this site by clicking on the talk to a lawyer button. We will connect you to one or more medical malpractice attorneys who will listen to your case and give you legal advice at no cost so you can find out what options you have and whether or not yours is a good medical malpractice case.
To learn more about medical negligence and medical malpractice, please take a look at some of the links below for great resources.
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Posted by Staff Writer on 02 Feb 2010