Would this qualify for Medical Malpractice(please help me)

[Cydonian4Mars]

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

My mother passed away due to a brain aneurysm on top of her brain a month ago. She fell into a coma and was declared brain dead shortly after. The doctors told us she had two older aneurysms on each side of her brain that had occured a week or so before. She was complianing of severe headaches a week before she died and had seen a doctor about it. He said it was side effects of her medication and to stop taking it. He did not preform any proper test, and I was told had he diagnosed the aneurysms she would have probably lived. Can I sue for failure to diagnose or medical malpractice. Any advice you can give me on the subject would be greatly appreciated. Thank you in advance.

[Proserpina]

Originally Posted by Cydonian4Mars

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

My mother passed away due to a brain aneurysm on top of her brain a month ago. She fell into a coma and was declared brain dead shortly after. The doctors told us she had two older aneurysms on each side of her brain that had occured a week or so before. She was complianing of severe headaches a week before she died and had seen a doctor about it. He said it was side effects of her medication and to stop taking it. He did not preform any proper test, and I was told had he diagnosed the aneurysms she would have probably lived. Can I sue for failure to diagnose or medical malpractice. Any advice you can give me on the subject would be greatly appreciated. Thank you in advance.

Which medicines was she taking?

[Cydonian4Mars]

ambien and insulin(she had diabetes)

[Proserpina]

Originally Posted by Cydonian4Mars

ambien and insulin(she had diabetes)

Tough one. Headaches are a known side effect of Ambien - wait for others to respond but I'm not seeing a malpractice suit here.

(it's also virtually impossible to predict if a patient will or would survive an aneurysm)

[Cydonian4Mars]

dont you think the doctor should have diagnosed or least done some sort of brain scan when she told him she had severe headaches(that were definetly caused by the two aneurysms on the sides of her brain). she suffered for a week before she died. The third aneurysm on the top of her head which occured a WEEK after the first two, was the final blow. the doctors said it was all the pressure from the aneurysms which caused blood to leak to her spine. Me and my famly were told if the pressure was released earlier she may not have died. i hope this clarifies some things. thank you.

[Proserpina]

Originally Posted by Cydonian4Mars

dont you think the doctor should have diagnosed or least done some sort of brain scan when she told him she had severe headaches(that were definetly caused by the two aneurysms on the sides of her brain). she suffered for a week before she died. The third aneurysm on the top of her head which occured a WEEK after the first two, was the final blow. the doctors said it was all the pressure from the aneurysms which caused blood to leak to her spine. Me and my famly were told if the pressure was released earlier she may not have died. i hope this clarifies some things. thank you.

As I mentioned headache is a known side effect of Ambien - if she had no other symptoms there may have been no indication of an aneurysm.

How old was Mom, btw?

[Cydonian4Mars]

she was 58.

[ecmst12]

A brain scan is not the first thing that doctors jump to when the complaint is headaches, especially when there is another obvious cause. Had stopping the ambien not worked and the headaches persisted, they could have moved on and ordered more tests, but unfortunately they did not have a chance to do so. Doctors will usually start with the least invasive solution for a problem, and move on from there if it is not effective. And a symptom like headaches has SO many possible causes, it would have been practically impossible for them to get it right on the first try.

[barry1817]

Originally Posted by Cydonian4Mars

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

My mother passed away due to a brain aneurysm on top of her brain a month ago. She fell into a coma and was declared brain dead shortly after. The doctors told us she had two older aneurysms on each side of her brain that had occured a week or so before. She was complianing of severe headaches a week before she died and had seen a doctor about it. He said it was side effects of her medication and to stop taking it. He did not preform any proper test, and I was told had he diagnosed the aneurysms she would have probably lived. Can I sue for failure to diagnose or medical malpractice. Any advice you can give me on the subject would be greatly appreciated. Thank you in advance.

Can you sue, anyone can sue. Can you win is a different story

In any malpractice case, the burden of proof is on you to convince a jury that the doctor's actions were below the standard of care. that would mean that you would have to find doctors that are convinced that how your mother was treated was below the standard of care.

From what previous posters have mentioned about side effects of medication that your mother was taking, that may not be possible to show.

[lya]

I'd love to know who gave the advice to the OP, saying that the doctors could have relieved the pressure on the brain by doing something about the aneurysms. It had to be someone who knows zilch about aneurysms and even less about 'brain' surgery.