Possible malpractice or negligence

[jah202]

An elderly relative was in very good health for her age, able to drive, walk, shop, visit people, cook, and clean her home. Covid and the pandemic started and she had to stay home like everyone. She rarely went out except for groceries. She got a rash. Her doctor wouldn't see her and told her it sounded like shingles, even though he did not see her in person or a photo. He diagnosed her over the phone, no video. He prescribed a heavy duty medication. She drove herself to pick it up. She took 2 pills as directed. She called family to say she felt strange, she sounded sleepy and confused. Family went to check her. They took her to urgent care. The place would not allow anyone in except her because this was the start of the pandemic and everyone was worried about covid. They thought she might have covid and sent her home to be watched. Relatives stayed with her. She began acting really strange and sick. They called an ambulance. The EMTs were shocked that the doctor prescribed that medicine for her. They said she could be having a reaction to the medicine and to watch her. A few hours later, she started going crazy mentally. Another ambulance was called and she was rushed to the hospital. She went into kidney failure. They had to do emergency dialysis. They diagnosed her with stage 4 renal failure. This began a huge decline in her health, several hospitalizations, and dialysis treatments 3 times a week. We found out the medication prescribed to her was listed as being dangerous for anyone over 62 years old, and she was 82 years. It had side effects listed as causing kidney disease and other side effects. He prescribed it without seeing her or doing any tests on her. We were so angry, but didn't know what to do. The doctors believed the medication may have caused it but with covid happening, nobody was allowed to be with her in the hospital, no visitors, no one allowed in to see doctors to talk about it, all doctor communication was over the phone. There was an incident at the hospital where they did not put her in the bed securely and she fell out and hit her head. They had to do a ctscan on her. We wanted to sue the doctor and hospital, but our family was sick with covid a few times and other health issues that made it difficult to talk to lawyers or get help. The patient said she didn't know if she could handle a lawsuit in her condition. We didn't know if we could file on her behalf. Everything was horrible. When it first happened, the doctor left messages on her phone, saying he was concerned about her, and he sounded worried. A relative returned a call to tell him what happened but nothing happened after that and we never heard from the doctor again. The stress on all of us taking care of her has been horrible sometimes.

A few years later and she can't walk or care for herself. She needs 24 hour care either at home or in a facility which she can not afford. Her finances are not going to cover this anymore and we are trying to help but we can't afford it either. Everything is very expensive as we all know. I think it is extremely unfair and wrong that the doctor got away with this. And the hospital when she fell. We believe the doctor should've been responsible for her medical bills that are directly caused by what he did. We never wanted an outrageous lawsuit, only what she deserved because the medication caused this. We realize it may be too late to take action, but some people we talked to said we should try. They said they never would have let him get away with this if it had been their relative. We wanted to sue when it happened, but as I said so many things were messed up during the pandemic, and our own health issues. We had no one to help us. Is it too late to file a lawsuit on her behalf? I read that in some cases there can be exceptions, and covid/pandemic is one. Please no harsh replies. If we can't do anything, or waited too long, I understand. We thought it would be worth asking advice in case there was any hope. Seeing her suffer has been horrible.

 

[quincy]

An elderly relative was in very good health for her age, able to drive, walk, shop, visit people, cook, and clean her home. Covid and the pandemic started and she had to stay home like everyone. She rarely went out except for groceries. She got a rash. Her doctor wouldn't see her and told her it sounded like shingles, even though he did not see her in person or a photo. He diagnosed her over the phone, no video. He prescribed a heavy duty medication. She drove herself to pick it up. She took 2 pills as directed. She called family to say she felt strange, she sounded sleepy and confused. Family went to check her. They took her to urgent care. The place would not allow anyone in except her because this was the start of the pandemic and everyone was worried about covid. They thought she might have covid and sent her home to be watched. Relatives stayed with her. She began acting really strange and sick. They called an ambulance. The EMTs were shocked that the doctor prescribed that medicine for her. They said she could be having a reaction to the medicine and to watch her. A few hours later, she started going crazy mentally. Another ambulance was called and she was rushed to the hospital. She went into kidney failure. They had to do emergency dialysis. They diagnosed her with stage 4 renal failure. This began a huge decline in her health, several hospitalizations, and dialysis treatments 3 times a week. We found out the medication prescribed to her was listed as being dangerous for anyone over 62 years old, and she was 82 years. It had side effects listed as causing kidney disease and other side effects. He prescribed it without seeing her or doing any tests on her. We were so angry, but didn't know what to do. The doctors believed the medication may have caused it but with covid happening, nobody was allowed to be with her in the hospital, no visitors, no one allowed in to see doctors to talk about it, all doctor communication was over the phone. There was an incident at the hospital where they did not put her in the bed securely and she fell out and hit her head. They had to do a ctscan on her. We wanted to sue the doctor and hospital, but our family was sick with covid a few times and other health issues that made it difficult to talk to lawyers or get help. The patient said she didn't know if she could handle a lawsuit in her condition. We didn't know if we could file on her behalf. Everything was horrible. When it first happened, the doctor left messages on her phone, saying he was concerned about her, and he sounded worried. A relative returned a call to tell him what happened but nothing happened after that and we never heard from the doctor again. The stress on all of us taking care of her has been horrible sometimes.

A few years later and she can't walk or care for herself. She needs 24 hour care either at home or in a facility which she can not afford. Her finances are not going to cover this anymore and we are trying to help but we can't afford it either. Everything is very expensive as we all know. I think it is extremely unfair and wrong that the doctor got away with this. And the hospital when she fell. We believe the doctor should've been responsible for her medical bills that are directly caused by what he did. We never wanted an outrageous lawsuit, only what she deserved because the medication caused this. We realize it may be too late to take action, but some people we talked to said we should try. They said they never would have let him get away with this if it had been their relative. We wanted to sue when it happened, but as I said so many things were messed up during the pandemic, and our own health issues. We had no one to help us. Is it too late to file a lawsuit on her behalf? I read that in some cases there can be exceptions, and covid/pandemic is one. Please no harsh replies. If we can't do anything, or waited too long, I understand. We thought it would be worth asking advice in case there was any hope. Seeing her suffer has been horrible.

What is the name of your elderly relative’s state?

Who are you in this relationship? Do you have guardianship?

Can you pinpoint the day, month, year when the problems (that you think might be malpractice) started?

 

[commentator]

You can always shop the case to med mal attorneys. They will very likely be honest with you about whether or not there is any sort of possible case.
If they want to be paid upfront, they do not think you have much of a case. But honestly, if the woman was saying, like in 2019 (four years ago, when the panic first began, from your statements) that she did not feel like going through a lawsuit, there is a very small chance that she will feel more comfortable with it now.

It also sounds as if there is also a scattered situation in who you are going to sue, as the doctor who first prescribed a medication you believe she had an allergic reaction to, and then there is the issues of the hospital which did not put her in the bed securely and she fell out and hit her head. It would be very hard to show that the medication was the cause of her health decline. Then there is the complication of the fall and the extensive treatment for the other health problems.

I also hear a lot of "the EMT's said" and "Some people have told us" which seems to indicate that you've been listening to a lot of sideline coaches, collecting different opinions and no real definitive facts have been presented. Your aunt is now about 86 years old and this happened several years ago. How could it be determined that the decline in her health has been solely related to a reaction to medication that was prescribed to her several years ago? A person of her age is very likely going to get worse each passing year. In regard to the original medicine, do you know for a fact that she had not had shingles before? They do tend to happen over and over. Do you know for a fact that she had never been given this medicine before? Doctors tend to be very careful about high powered medications, and at this particular time in history, when the doctors were not seeing the patient directly, they were being pretty cautious about diagnosing things and prescribing things, I have heard.

If your aunt has exhausted her financial resources, she will have to seek financial assistance through Medicaid. You and other relatives would not be expected to cover her bills after she becomes unable to do this with her money. If she needs care in a facility, Medicaid would be the avenue for paying for it. Her assets and home would be used to cover the expenses, as would be the right thing to do. A lawsuit for any number of these shotgun issues would not be a short term solution for her need for care and her financial situation, even if it were feasible. I suggest you if you have legal authority to do so for her, discuss the situation with someone who can help you obtain assistance in paying for her care through the Medicaid programs first of all, instead of beating the malpractice drums.

 

[quincy]

A medical malpractice lawsuit may be time-barred. The state name is important.

 

[stealth2]

WRT the medication being dangerous for the elderly - many meds are yet are still prescribed due to a lack of other options. For example, most meds prescribed to dementia patients come with warnings that they can (possibly) cause stroke, cardiac issues, death... But there are few options.

In terms of the falling out of bed issue... As I recall, many states prohibit restrict the use of restraints, bed alarms, etc. With my Mom, we had to request a "sitter" for the times I couldn't be there. (I'll note that, despite Covid, I was not only permitted to be with her, but asked due to her d/x.) It was covered by Medicare.

It is not unusual for the elderly to decline healthwise (and often rapidly) following hospitalization.