What to do if my father just died due to medical malpractice?

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What to do if my father just died due to medical malpractice?

He had a 100% blockage in most arteries from the heart. The VA hospital did not see this when he was seen there about 6 months ago. They attributed his symptoms to a blocked artery to the brain. Then they opened it up somehow. How did they not know the arteries from the heart were in such a condition? Is this negligence?

Asked on May 27, 2014 under Malpractice Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Sorry to hear about your father.

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

It would be advisable to have your father's medical records reviewed by another doctor (cardiologist), who can write a report supporting a medical malpractice claim.

Prior to filing a lawsuit for negligence against the VA, it may be possible to settle the case with the government.  If the case is settled, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the government, reject the settlement offers and file your lawsuit for negligence against the VA.  Be sure to comply with all filing deadlines or you may lose your rights forever in the matter.


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