Wrongful death? Recourse?

[La51121]

What is the name of your state? Alabama
My 27-year old daughter recently died from complications of pancreatitis. She had been to three area hospitals over 20 times in the last year complaining of pain. She had her gall bladder removed as one surgeon said she had gallstones. She spent three weeks in the hospital under the care of one of the area's best gastroenterologists. He gave her massive does of Cipro for her chronic infection and discharged her with a clean bill of health. She returned to the ER 2 days later in pain. Another MD admitted her and was treating her for the same symptoms/infection. She was in the hospital for another week, again on Cipro and 5 mg of Demerol for abdominal pain. She was discharged on a Monday and returned to the ER on Wednesday. Another MD was treating her and told everyone he saw tremendous progress in her recovery..that he had the infection under control. She was in wonderful spirits on Thursday. Friday morning the hospital calls us at 5 a.m. to tell us the nurse had found her in bed unresponsive. By the time the family arrived, she was on a ventilator and a neurosurgeon was telling us there was no brain activity and he felt she would not recover from this. Of course we asked a million questions about how this could happen and the family was told "pancreatitis is hard to treat and some people never fully recover from the complications...and we are shocked to have been treating her and to have this happen...especially when her prognosis looked so good." Her grieving husband cannot function or think of what his next move should be. I am her father and I want to do something NOW. The hospital will not release any records to me. Her doctor will not return my calls.
Thank you for your help.

 

[ellencee]

La51121
I extend my deepest sympathy on the loss of your daughter. I understand your need to find an answer to 'why' your daughter did not recover from pancreatitis even though her condition appeared to be improving. All I have to offer you is an explanation on basic requirements for a medmal suit and a basic explanation of pancreatitis.

In order for your daughter's death to be a result of malpractice, the evidence (medical records) must show that care was rendered below the minimum standard(s). Evidence must also prove that the medical professionals knew or should have known that damages would occur if care was rendered in the manner in which it was. From your brief description of events, it is impossible to tell if care was rendered appropriately, but it appears that it was.

To help you understand what must seem like an absurd answer to your query, I am providing you with a brief description of pancreatitis and it's effects on the body.

Gallbladder disease, including gallstones, can be and often is the causative agent for pancreatitis. Gallbladder disease is often not readily detected or diagnosed and the failure to do so is not (in itself) indicitive of negligence. Therefore, before the gallbladder disease becomes definitive in signs and symptoms and the gallbladder is removed, the inflammatory process in the gallbladder causes the neck of the pancreas to become inflamed or surrounded by fluid and creates the onset of pancreatitis.

The pancreas is a single organ that functions as two seperate 'organs'. One part of the pancreas produces insulin that is secreted directly into the blood; one part of the pancreas produces digestive enzymes that are secreted directly into the digestive system.

Just as the blood glucose level immediately increases above normal when the pancreas is inflamed, the damages from the digestive enzymes in the pancreas begin immediately. Insulin and other agents can be administered to correct blood glucose levels. Antibiotics are required to treat the portion of the pancreas that produces the digestive enzymes, but nothing may ever totally stop the pancreatitis that is related to the digestive enzyme producing portion of the pancreas.

The portion of the pancreas that produces digestive enzymes destroys itself by digesting itself with its own enzymes. It is a process that is not preventable, often not able to be stopped, and it is impossible to reverse the damages. Once the pancreas begins to digest itself, which happens in a matter of hours or a few days, the digested cells are replaced with scar tissue instead of functioning pancreatic cells.

In acute pancreatitis and chronic pancreatitis, sudden death can result from shock, anoxia, hypotension, multiple organ dysfunction, hemorrhage, acute renal failure, etc. Although the physician and the hospital staff were shocked at these events and your daughter's death, sudden death is a known sequelae to pancreatitis.

Per your description, your daughter received care from the best gastroenterologist in town. Chances are, she also received the best of care. I encourage you to refrain from calling her physicians and the hospital. Legally, they can not talk to you about your daughter's care and they can not release any records to you.

Your daughter's husband should be allowed a time to cope with the immediate shock and grief before he seeks legal counsel. If he believes her death is the result of improper medical care and he can not resolve his grief without seeking a legal answer, then it is of great importance that he seek legal counsel whether or not a valid claim of malpractice exists.

There is nothing wrong with your seeking legal counsel, either. Unless her husband grants you power of attorney to represent his interests in this matter, you can not file suit; but, you can obtain a free consultation with a medmal attorney and gain some valuable knowledge that you can share with your son-in-law.

Best wishes,
EC

 

[JETX]

Elllencee:
Thank you for an excellent and concise post. It was clearly well considered and of obvious factual basis, without any emotional 'sidebars'.
Great post!! Thanks.

 

[summerbreeze65]

Ditto. I received more info in your post Ellencee than any doctor has ever took the time to explain. Shoot, I have searched the net for info on this very same disease. Never has it been put more clearly than your explanation of it. Thank you!

La51121,

I am sorry for your loss. A child is prescious no matter the age of that child. I am glad Ellencee has answered for you. I am glad you came to post. To share your story. In sympathy,
~Summer~

 

[David.v.Goliath]

med-mal

your daughters husband can get the medical records and he can also call the doctors and request an explination of why she died. i'm not a doctor and i certianly don't know about gall bladders but what does sound strange to a layperson is the fact that she came back to the hospital within a day or 2 after each doctors release of her being cured and getting better. somthing just doesn't play right here and i would suggest that you and your son in law contact an attorney.

 

[La51121]

Thank you very much for your prompt replies. I too, did not know the details of pancreatitis, as it was not explained in detail at the time of her death. I am sure you know this is a very difficult time for my entire family and we are still wondering what went wrong. We will proceed accordingly and attempt to secure as much information as possible. I must continue to focus on my four-year old grandson who will never know how lucky he was to have such a beautiful young woman as his mother. Thank you again.