What can I do if my husband had back surgery and died of complications due to his doctor’s negligence?

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What can I do if my husband had back surgery and died of complications due to his doctor’s negligence?

On the post-op day one, I noticed that his abdomen at the pubic area was protruding. I questioned the doctor who was evasive; for 7 days I was told it was gas. I had to tell the nurse to call the doctor, the supervisor and then I had to push the code button because no one responded. My husband died. The doctor refused to sign the death certificates until about 6 weeks later. I requested an autopsy and the preliminary report stated abdominal perforation, fluid in the lungs questionable etiology as well. The doctor wrote on the death certificate no autopsy done. How do I proceed with legal action?

Asked on June 18, 2015 under Malpractice Law, Tennessee

Answers:

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

Answered 6 years ago | Contributor

You need to consult with a medical malpractice attorney immediately. Based on the facts presented, you appear to have a very strong case. However, just to give a brief overveiw of these type cases, let me give you some basic information (your lawyer will provide you with greater detail).

In order to successfully pursue a medical malpractice claim, it must be shown that: (1) due to a doctor's negligence (2) their patient suffered harm. In this case, there is no question that your husband suffered physical harm from apparent negligence on his doctor's part.

In such cases, if a doctor fails to diagnosis a serious health condition, the issue as regards to negligence is whether or not they breached the applicable "medical standard of care" under the circumstances. This means, would a doctor with similar training in the same medical community have identified the problem? Since you noticed something amiss for an extended period of time, it is reasonable to think that another doctor would have also.

Again, seek a consultation (in these cases they are for free), with an attorney experienced in medical malpractice claims.

 


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