What to do about possible malpractice?

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What to do about possible malpractice?

My mother passed away a little over 2 years ago. I am a registered nurse and couldn’t understand at the time all that happened, so I asked for her complete medical record from her 2 week stay in the hospital. All throughout her record it was noted that she had Hypothyroidism. If this is accurate, she was never treated for it and I wonder if it played a role in her death? If she didn’t have it, how is it a physician can document it all throughout her permanent record? I feel something is just not right.

Asked on May 12, 2014 under Malpractice Law, Pennsylvania

Answers:

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

Answered 7 years ago | Contributor

Sorry to hear about your mother.

Unfortunately, you won't be able to file a lawsuit in a wrongful death case because PA has a two year statute of limitations.  The two year statute is two years from the date of death.  When  the statute  expired, you lost your rights forever in the matter.

If the statute of limitations had not expired, you could have had your mother's medical records reviewed by a doctor, and if that doctor wrote a report supporting a wrongful death claim, you could have tried to settle the case with the hospital's insurance carrier.  If settling the case wasn't successful, a lawsuit for negligence (wrongful death) could have been filed against the hospital.  However, since the statute of limitations has expired, it is not possible to pursue any action  in this case.


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