Maternal Death due delayed ER Treatment

[mrrrr5]

What is the name of your state? Alabama.

In 1973, I was 8 years old with 5 other siblings when our mother died giving birth to my youngest brother. I had requested her medical records from the hospital on several occasions to find out what happened but did not receive them until i got congressional assistance. I recently received her medical records and discovered that my mother was sent to the hospital ER by her clinic doctor to be admitted to deliver the baby because of a diagnosis of preeclampsia and blood pressure reading of 182/114. Records show she was admitted at 4:10 pm. At 10:10 pm, she had "severe adominal pain", her BP was 220/110, and they staff "suspected a rupture". She was given several blood donor series and 3 hours later my brother was delivered by "c-section". Over the next 4 hours, she was given 23 more donor blood series and then declared dead at 5:20 am. Documents show where my father requested "no autopsy" be performed and the death certificate states "no autopsy" was performed. However, a pathologist report in her medical records documenting various "organs received" describe an autopsy in detail. My brother birth certificate also list my mother name incorrectly. Can anyone tell me if my father civil rights were violated for the hospital staff performing an autopsy against his wishes. Also, was my mother civil rights violated for not receiving timely care and treatment. My family and I are devastated by what we have discovered. Do we have any legal recourse in this matter?

 

[racer72]

The statute of limitations for any legal actions have long since expired. Local or state laws may have required the autopsy due to the nature of the death. Also, medical advances in the past 30 years have made leaps and bounds, you cannot compare the medical treatment received back then to what is available today, your mother may have received the best care available at that particular facility at that time. My mother lost a daughter at the time of birth in 1961 despite the efforts given at the time, under the same circumstances, she likely would have survived her birth if it had happened in the past 10 years. No civil rights were violated, neither of the alleged wrongs are Constitutional rights. Your family may wish to discuss available options with a local attorney but don't expect much. It may be time to look to the future and not dwell on the past.