Death Due to Pacemaker Infection

[she2003]

What is the name of your state (only U.S. law)? PA

My Mother died from septic shock in Sept. 2013 due to a pacemaker pocket infection.

Facts:
- Breast cancer survivor
- In treatment for Myelodysplastic Syndromes (MDS) - Was doing very well with treatments
- Age of death 76
- She was responsible for care of her son age 51 who has learning disabilities and mental health issues

She went into the hospital for what was supposed to be a fairly straight forward pacemaker implant. She went home the next day after surgery. She was feeling OK for a couple of days and then became ill. She was admitted to the hospital and was being treated for an infection. I spoke to the doctors and nurses several times and was assured that she would be OK. They were trying to determine the source of infection. After several days of being advised that she was being treated with multiple antibiotics and that she would be fine, I received a call from the nurse who told me that she was on life support. My Mother passed away shortly thereafter.

The coroner advised me and noted on her death certificate that the cause of death was septic shock due to an infected pacemaker pocket.

The hospital and staff were negligent. I am trying to let this go, but it was wrong. I spoke to 2 attorneys in PA, but they told me that due to her age, they could not expend the funds for investigation, etc. due to her age.

Is there any course of action that can be taken? My Mother lived in PA and I live in CA.

Thanks

 

[Zigner]

What is the name of your state (only U.S. law)? PA

My Mother died from septic shock in Sept. 2013 due to a pacemaker pocket infection.

Facts:
- Breast cancer survivor
- In treatment for Myelodysplastic Syndromes (MDS) - Was doing very well with treatments
- Age of death 76
- She was responsible for care of her son age 51 who has learning disabilities and mental health issues

She went into the hospital for what was supposed to be a fairly straight forward pacemaker implant. She went home the next day after surgery. She was feeling OK for a couple of days and then became ill. She was admitted to the hospital and was being treated for an infection. I spoke to the doctors and nurses several times and was assured that she would be OK. They were trying to determine the source of infection. After several days of being advised that she was being treated with multiple antibiotics and that she would be fine, I received a call from the nurse who told me that she was on life support. My Mother passed away shortly thereafter.

The coroner advised me and noted on her death certificate that the cause of death was septic shock due to an infected pacemaker pocket.

The hospital and staff were negligent. I am trying to let this go, but it was wrong. I spoke to 2 attorneys in PA, but they told me that due to her age, they could not expend the funds for investigation, etc. due to her age.

Is there any course of action that can be taken? My Mother lived in PA and I live in CA.

Thanks

I'm sorry for your loss. Unfortunately, an infection is not necessarily the result of negligence.

 

[justalayman]

An infection is a known and possible result of any surgery. To prevail you would have to prove the medical staff was somehow negligent and that cause the infection. Medical malpractice suits are very difficult and very expensive and are absolutely not a do it yourself project.

 

[Proserpina]

Infection is a known complication, of which your mother would have been aware.

I too am sorry. But this patient already had multiple problems, and the fact the coroner noted that there was a significant infection means nothing in terms of malpractice; it's not his job to determine whether or not there was any fault.

The truth of the matter is that she was already compromised and her risk of sepsis would be greater than it might be in (for example) an otherwise healthy 30 year old.

I'm not convinced you could find an attorney and though it's not the most pleasant of conclusions a viable case really does have a lot to do with cost vs. benefit.

I'm very sorry for your loss.

 

[Proserpina]

OP, you asked the same question in 2014.

The SOL in PA for med-mal is 2 years and she died in 2013. Even if there was a viable claim, you'd be running dangerously close to the SOL expiring.