malpractice question

What is the name of your state?What is the name of your state?What is the name of your state? MA and RI
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Hi, am hoping someone can answer me. Please forgive me if this is too long, but I want to be thorough. My Mom passed away in April of 04. She started complaining to her dr last summer about back, lower back and pelvic area pain. Dr. kept saying she had urinary tract infections, and bladder infections. In fact, she hospitalized her for a couple of days, ordered an MRI and CT scan and then discharged her with a bladder infection diagnosis. A few weeks later, Mom was rushed to hospital because she had tumors literally -- yes, literally, falling out of her when she tried to use the bathroom. Hospital in MA rushed her to hospital in RI, where she was immediately admitted to oncology unit and tests were run. She was told on 10/31/03 that she had cancer and may need surgery. Was referred to oncologist immediately. Oncologist examined her and referred her to see cardiologist to "clear" her for surgery (mom had stent previously). Cardiologist saw her total of 3 times and told her she could have hysterectomy....cancer looked to be in uterus, but could have spread. Surgery done 12/30, cancer had spread well beyond uterus, so hysterectomy done and nothing else, "very aggressive cancer" dr. said, told her radiation would be next. However, never had radiation because she was not doing well after surgery (nurses "dropped" her moving her out of bed one day). Anyway, transferred to nursing home 1 mo. later and told to contact hospice. Dr. refused to give anyone "timeline" of what to expect, no matter how many times anyone (including Mom) asked how long did she have, what stage, etc., dr. refused to answer. 3 months before Mom died, she asked dr. "when will I get better? it hurts so much, when will I be myself again?" (I was with her and witnessed it). Dr. took her hand and said "everyone's different, I don't know." Mom died less than 3 months later. She never got out of bed again. Now we are getting bills from her "regular" dr for performing "breast and pelvic" exams......I specifically spoke with Mom about this, she said dr NEVER EVER performed one. What can I do? Can I get her med records without going to court? Can this oncologist "dr" be held to some standard to inform patients that they are dying quickly?? Sorry for the length - thanks for any answers.

Now we are getting bills from her "regular" dr for performing "breast and pelvic" exams......I specifically spoke with Mom about this, she said dr NEVER EVER performed one. What can I do? Can I get her med records without going to court? Can this oncologist "dr" be held to some standard to inform patients that they are dying quickly?? Sorry for the length - thanks for any answers.

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Whoever is settling her estate can request the medical records for comparison to the itemized billing so that only valid expenses are paid. How you go about doing this, I don't know. Ask an estate attorney.

Can the oncologist be held to some standard to inform patients that they are dying quickly? Yes and no. When the MD ordered hospice, he was stating the prognosis was six months or less, else hospice would not be an option. Hospice also informed your mother of the criteria for admission to the services of hospice.

Doctors can't predict accurately when death will occur. I've had hospice patients live for two or more years after admission to hospice (they aren't required to die within six months). I've had hospice patients die the day of admission to hospice when everyone expected death to come after a lengthy 'ordeal'. You can't hold the doctor responsible for that issue; he was forthcoming about her prognosis.

I'm sorry for the loss your mother; I'm sure it has been very rough on you. As you have to tie up all of these matters, I know it will be a while before you can begin to recover from these events and the terrible loss. I hope you have good support systems in place, like loving family members who can share the load.

Best wishes,
EC

Thanks very much for your reply. There is no "estate" to settle, as the very small amount of money she had went to the nursing facility she was at for the 4 months from her surgery until her death. However, a few months before she died, Mom told me she wanted to get her records from the doctor because she felt something wasn't right. She signed a record release form, but I never got the records because she started failing fast and I wanted to focus on her. Am I correct in assuming that signed release is no longer valid? Since there is no executor of any estate, who is entitled to receive records and can the records be obtained without having to file a lawsuit? This is not a money issue; I don't want any money.....I just want doctors to be held accountable for their actions, or in-actions, and the billing for services that were not performed should not be allowed. Many years ago I worked for a dr who got hit on medicare fraud and I think the same thing is happening here....I just want what's right to be done. It's people like this that drive up the costs.

beachnut04
If I recall correctly, you can view your mother's medical records for the purpose of verification of the billed amounts; HIPAA addresses that issue. I'll see if I can find the section of HIPAA that addresses it, but it will be tomorrow before I do.

If your mother had little financial resources, why didn't Medicaid pay for her NH stay? or Medicare?

If she had any property and more than one heir, there is an estate that needs to be probated--it is called "intestate" and each state has laws that govern the procedure. If you have any question about this procedure, you may want to post in the wills/estates section of this forum and find out if you need to do anything or not.

EC

My mom didn't own any property and although Medicare paid a major portion of the facility care, she still had to pay a portion because the state would not qualify her for medicaid assistance because she had a little over $1,000 in her bank account. They said once that money was exhausted they would take over. Unfortunately, it was too late. Thank you very much for your time, I will look into the hippa information about getting her records. Thanks again.