My husband died 18 months ago from a heart attack. I took him to the hospital because he was complaining of chest pains. At the hospital, the doctors said that he was ok to go home, and to take some aspirin. He died that night due from a heart attack at home. Do I have any legal rights to sue the doctor for sending us home?
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Answer: (1)
Depending on the details of the treatment, it sounds like this was a failure to diagnose an impending heart attack, and may constitute medical negligence on the doctors part. If so, then you have the right to file a medical malpractice lawsuit, as well as a wrongful death claim, for which you are entitled to receive compensation for a wide variety of damages, including funeral expenses, loss of consortium, pain and suffering, lost income, future lost earnings and more.
In order to begin your claim, you will need to consult with a medical malpractice lawyer to determine if the available evidence will support a meritorious medical malpractice and wrongful death lawsuit. Depending on which state the incident occurred in, you may need to act quickly, because there is a time limit for filing a medical malpractice claim. Most states place a statute of limitations on medical malpractice suits of between two and three years. After this time frame, no medical malpractice claim can be pursued, so you should talk to an attorney soon.
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Posted by Staff Writer on 21 Jan 2010