Can I file a lawsuit against my wife's doctor for her wrongful death? Her doctor didn't diagnose a heart disease that she had, even though she complained of chest pains.
She and I went to the hospital about a year ago because she was complaining of chest pains. She told the treating doctor that she felt like she might have a heart attack. Unbelievably, the doctor shrugged it off as if women do not have hear attacks. The doctor examined her hurriedly, and said she was fine. He said to take some aspirin for the pain and it should go away.
We went home, and a few hours later she began having even more serious chest pains. We decided to go to another hospital 45 minutes away to get a second opinion, but she had a heart attack on the way there and died.
I have been struggling with this fact for a year, and have decided to look into pursuing legal action against the doctor who shrugged off her symptoms. My question is, can I file a lawsuit against that doctor for not diagnosing her heart condition and treating her correctly?
Answer:
You can file a medical malpractice lawsuit on behalf of your wife, provided you can show that the doctors lack of care constitutes medical negligence. In this case, it seems a logical conclusion that the doctor's failure to at least look into her symptoms further lead to her wrongful death.
Although heart disease and cardiac arrest are more likely to occur in men than women, they can happen to both. A doctor has a duty to to take these symptoms seriously, in order to prevent potentially catastrophic injury to a patient.
You would be wise to talk to a medical malpractice lawyer to find out how strong of a case you have and what options are available to seek justice for your wife's wrongful death.
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Posted by Staff Writer on 04 Feb 2010