What to do if I thnk that a hospital and/or doctors were responsible for my daughters death?

UPDATED: Mar 31, 2013

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What to do if I thnk that a hospital and/or doctors were responsible for my daughters death?

She was transferred to this hospital to have a PDA ligation fixed. She got staff infection while there. Had a new infection every other week. We brought her home. She was on oxygen and an apnea monitor. She died 6 days later. The monitor never went off until she died. The autopsy showed she died of bronchopulmonary dysplasia. She had been diagnosed with this at the hospital but we had never been informed. The coroner also said that there was no evidence of her ever having surgery on heart and the left side of her heart was bigger than the other. Also, the doctor or nurse never told me or my husband signs to look for if something was wrong due to the diagnosed disease.

Asked on March 31, 2013 under Malpractice Law, Nebraska


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In order for someone to sue for medical malpractice (or for a family to sue for a wrongful death, as in your case), there need to be damages that were suffered as the result of someone's (or an entity's) negligence. Clearly, harm was suffered here but whether or not it was sue to the hospital's and/or doctor's negligence is not completely clear. That having been said, it does appear that there may have in fact be one or more negligent acts at play in your daughter's death.

At this point, you should meet directly with a personal injury attorney in your area. An initial consultation in such a case is typically free. Once your lawyer has heard all of the facts of your situation, they will best be able to advise as to what your next step might be.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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