Death from Septic Shock Due to Pacemaker Implant

[she2003]

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

My mother was being treated for Myelodysplastic Syndrome and doing well with treatments. She was 76 yrs. old, still active, and enjoying life.

She went into the hospital for pacemaker surgery, which was supposed to be a simple overnight stay. She was sent home the day after surgery. Several days later, she collapsed and had to be taken to the hospital by ambulance. For several days, the hospital doctors were trying to figure out why she was so ill. They ran numerous tests, thought that perhaps the MDS had advance to leukemia - but, that was not the case. The doctors assured our family that she would be fine - she had some type of infection, they were trying to identify the source, and had her on 2 types of antibotics. Throughout this all, the doctors were 'thinking about removing the pacemaker'.

The long story short is: The doctor's did not know what the source of the infection was!? 2 + 2 = 4 - I'm not a doctor but my first guess would have been the pacemaker and they should have removed it right away. They waited too long and after suffering in the hospital for 3 more days, my mother died from septic shock (Sept. 2013). The death certificate states septic shock due to pacemaker pocket infection.

What happened to my mother was wrong and there was negligence. I consulted with 2 PA attorneys who advised me that since my mother was 76 and also had a illness, that they would not take the case due to upfront costs for investigation, etc.

I would like any feedback that you can offer.

Thank you

 

[justalayman]

Having a couple attorneys turn it down gives you a good idea of the chances of having a positive financial outcome of a suit.

You also need to realize that 2 and 2 is an extreme over simplification of the issue. What assurances are there that removing the pacemaker would have changed anything. The infection had already set in and they were fighting it when she succumbed to the issue.

On top of that, due to her age, and yes this sounds callous but, the time lost (of her life) was not statistically a long time. That makes any claim of damages lesser than had she been younger.

Not saying there is not a valid case here as I cannot. Just saying that it is likey to not be financially beneficial to pursue it. You are always welcome to interview additional attorneys.

 

[OHRoadwarrior]

Septic infection is a known possible outcome of the surgery and is covered by the release paperwork. My wifes grandpa had a similar thing occur and they ended up removing part of his chest bone to stop the infection. They had to send 2 bills because their computer only went up to $999,999. They did waive his portion of the bill after insurance. I'm sorry for your loss.

 

[she2003]

Thank You

Thank you both very much for your feedback.

 

[LAWMED]

Unfortunately removing the pacemaker would have been unlikely to make a difference. Once the infection is introduced it would progress regardless of the presence of the pacemaker. You have been given good information about the regrettably cold facts about bringing a med-mal lawsuit for an elderly wrongful death case. If one WERE brought it would likely need to be from the angle that the facility had an unacceptably high post-surgical infection rate which they knew about and failed to address. Otherwise, sepsis from post-op infection can be considered a complication which occurs absent any medical malpractice.