Question about what state you can file a wrongful death claim in

Suev1209 · Oct 12, 2005

What is the name of your state?What is the name of your state? Texas

Hi, I live in Texas and am inquiring about a medical malpractice/wrongful death claim to be filed on behalf of my father, who died recently in a Florida hospital. My question is whether or not the suit needs to be filed in the state where the death occurred, or if it can be filed in another state (for example in Texas where I live and where the hospital in question's headquarters are located). Thank you.

rmet4nzkx · Oct 12, 2005

Suev1209 said:
What is the name of your state?What is the name of your state? Texas

Hi, I live in Texas and am inquiring about a medical malpractice/wrongful death claim to be filed on behalf of my father, who died recently in a Florida hospital. My question is whether or not the suit needs to be filed in the state where the death occurred, or if it can be filed in another state (for example in Texas where I live and where the hospital in question's headquarters are located). Thank you.

I'm sorry for your loss.

Consult with attorneys in both states, the FL consultation can be done by phone. This way you can compare your options for each state as laws do vary between them insofar as medical malpractice/wrongful death lawsuits.

Please understand that just because there is a bad outcome or death, doesn't always rise to the level where a lawsuit might be successful. Can you provide some facts re the case so you might be better advised?

Suev1209 · Oct 12, 2005

Thank you Rmet4 for your condolences

and for your advice. I understand that malpractice or negligence can be hard to prove, but feel our circumstances warrant at least pursuing options because my dad didn't deserve to die. There are actually 2 seperate circumstances we would like an attorney to investigate for us, and I'll briefly describe them. My dad was a healthy 69 year old, who had been retired for about 2 years. He begain having stomach pains on a Tuesday evening and called his doctor Wednesday when the pain got worse and he began throwing up. His doctor suggested he go to the hospital, which he did Wednesday afternoon (with my stepmom). He was admitted Wednesday and diagnosed as having an abdominal aortic aneurysm, which we were told would require surgery due to the size. We thought everything was fine and were thankful they found it before it ruptured (which is almost always fatal). For reasons we still don't understand on Friday morning they still hadn't done the surgery and were talking about possibly doing it on Monday. Suddenly around lunchtime they told my mom they had decided to do the surgery right away and they took him in for what turned out to be a 7 hour surgery. My sister happened to be in the hallway and overheard one of the doctors telling a nurse that the aneurysm had burst and they were taking him in right away - but they never told us that. After surgery his condition was grim and they told us to prepare for the worse. He showed slight improvement for a few days, but passed away on Tuesday and never regained consciousness for me to be able to talk to him before he died. We believe the delayed surgery was directly responsible for his death. The other thing we remembered after he passed away was that he had gone to a health screening a few months ago and had a "full body scan" performed, which I now know is suppose to identify possible health problems, including abdominal aneurysms. Dad's report came back fine - why didn't they find it? Did they even read the thing????? Sorry - I'm still angry. I appreciate any information or suggestions you may have.

rmet4nzkx · Oct 12, 2005

Suev1209 said:
and for your advice. I understand that malpractice or negligence can be hard to prove, but feel our circumstances warrant at least pursuing options because my dad didn't deserve to die. There are actually 2 seperate circumstances we would like an attorney to investigate for us, and I'll briefly describe them. My dad was a healthy 69 year old, who had been retired for about 2 years. He begain having stomach pains on a Tuesday evening and called his doctor Wednesday when the pain got worse and he began throwing up. His doctor suggested he go to the hospital, which he did Wednesday afternoon (with my stepmom). He was admitted Wednesday and diagnosed as having an abdominal aortic aneurysm, which we were told would require surgery due to the size. We thought everything was fine and were thankful they found it before it ruptured (which is almost always fatal). For reasons we still don't understand on Friday morning they still hadn't done the surgery and were talking about possibly doing it on Monday. Suddenly around lunchtime they told my mom they had decided to do the surgery right away and they took him in for what turned out to be a 7 hour surgery. My sister happened to be in the hallway and overheard one of the doctors telling a nurse that the aneurysm had burst and they were taking him in right away - but they never told us that. After surgery his condition was grim and they told us to prepare for the worse. He showed slight improvement for a few days, but passed away on Tuesday and never regained consciousness for me to be able to talk to him before he died. We believe the delayed surgery was directly responsible for his death. The other thing we remembered after he passed away was that he had gone to a health screening a few months ago and had a "full body scan" performed, which I now know is suppose to identify possible health problems, including abdominal aneurysms. Dad's report came back fine - why didn't they find it? Did they even read the thing????? Sorry - I'm still angry. I appreciate any information or suggestions you may have.

I'm sorry for your loss. While it is sad that you didn't get an opportunity to say good bye, it appears he was referred to the hospital where they diagnosed the AAA. While immediate surgery might seem the way to go, there may be reasons to delay to allow for patient to stabilize prior to sugery otherwise he could bleed to death even with surgery. Without his medical history, it is impossible to sort out all the possible contributing factors. Not having access to the medical records or the full body scan, no determination can be made, these will have to be made by the experts hired by an attorney while they review your case.

Did the AAA develop between the FBS or was it occult?

Is there any history in your family of lung, liver/GI disorders? If so there is a genetic disorder that causes higher risk for AAA, that might contribute to it's development and also affect blood clotting factors, vW VIII and XIa, waiting for the clotting factors to rise would inprove the likelyhood of success in surgery. While this could have been a factor, it is not the most common presentation of the disease and not in the scope of most providers. But if your father had a known diagnosis of this condition, then the treatment plan may have differed. It is important for family members to be tested for this genitic condition because you are also at higher risk for AAA.

Suev1209 · Oct 12, 2005

Thanks again for the information

There was know know history of any medical condition in my father or in the family. As far as when the aneurysm developed, I have no idea, but I have done a little research and found that aneurysms typical grow at a rate of 0.5cm a year, and my dad's was 6.5 cm when diagnosed, so I feel it is unlikely that it appeared and grew to that size in the 2 or 3 months since he had the FBS.

I have also learned through my research over the last couple of weeks that there is a genetic risk for AAA, and because I am at risk for coronary problems due to other factors (including bilateral ear creases which I find extremely odd) I'm attending a screening for carotid artery, AAA and peripheral arterial disease on Friday. I am also recommending that other family members do the same.

rmet4nzkx · Oct 12, 2005

Suev1209 said:
There was know know history of any medical condition in my father or in the family. As far as when the aneurysm developed, I have no idea, but I have done a little research and found that aneurysms typical grow at a rate of 0.5cm a year, and my dad's was 6.5 cm when diagnosed, so I feel it is unlikely that it appeared and grew to that size in the 2 or 3 months since he had the FBS.

I have also learned through my research over the last couple of weeks that there is a genetic risk for AAA, and because I am at risk for coronary problems due to other factors (including bilateral ear creases which I find extremely odd) I'm attending a screening for carotid artery, AAA and peripheral arterial disease on Friday. I am also recommending that other family members do the same.

The normal growth of AAA may be affected by other factors, a review of medical records is the only way to tell if you actually have a viable suit and the cost of prosecuting one may not make it feasible in FL due to caps.

There is some debate as to the effectiveness of FBS nor is it without it's risks. Even the diagnostic labs promoting FBS and/r AAA screening admit it doesn not catch all AAA. Review of the FBS by an expert radiologist woul dbe essential.

Also contact the Alpha-1-Antitrypsin Deficiency Foundation for free and confidential genetic testing A1AD is a risk factor for AAA and some bleeding disorders. Be sure to get the phenotype as opposed to serum levels which may be normal in variants.
http://www.alphaone.ufl.edu/a1dlab.php

Suev1209 · Oct 13, 2005

Your information is valid and logical

and I realize there are many variables, but I think we all need either closure or validation of our worst fears. In the end nothing will bring dad back, but if it it turns out that the 2 day delay caused no additional damage, we will be somewhat relieved and can hopefully get past the anger and guilt and proceed with the grieving process.

I have an appointment in the morning for 3 screenings (AAA, Carotid Artery and Peripheral Arterial). Do you have any advice or questions I should ask since you seem to be very knowledgeable about medical issues?

stephenk · Oct 13, 2005

regarding your original question, the suit would be filed in Florida in the county where the death happened.

rmet4nzkx · Oct 13, 2005

Suev1209 said:
and I realize there are many variables, but I think we all need either closure or validation of our worst fears. In the end nothing will bring dad back, but if it it turns out that the 2 day delay caused no additional damage, we will be somewhat relieved and can hopefully get past the anger and guilt and proceed with the grieving process.

I have an appointment in the morning for 3 screenings (AAA, Carotid Artery and Peripheral Arterial). Do you have any advice or questions I should ask since you seem to be very knowledgeable about medical issues?

You are doing what you have to do to process your grief, you are becomming educated about your own health risks. For 20 years my grandmother delayed having a hernia repaired, she continued to smoke, her AAA burst one day, she had surgery and died about 20 days later of sepsis, My mother died of COPD, both were caused by A1AD, could I have prevented either? NO, we didn't know at that time about the genetic condition, even so, only 2 members of my family have been tested so far..... your grief is understandable, your need for answers is understandable. Is it better to wait for patient to stabilize and preform surgery on a normal weekday with full staff or do emergency surgery on an unstable patient? While you might have a case depending on what is in the record, the cost may make it difficult to retain an attorney in FL with their Caps. The FBS is another question and perhaps more possibilities for a viable lawsuit if it clearly showed AAA and it wasn't noted.
Try a phone consult with a FL attorney. Keep us updated.

Suev1209 · Oct 14, 2005

Thanks

and I'm sorry about your grandmother and mother - it is never easy to lose someone you love and I'm sure there are always questions. I have actually spoken to 2 attorneys in FL and both have indicated they think our concerns should be investigated further. The first attorney has scheduled an initial meeting tomorrow morning with my mother and sister, which I will be conferenced in on. The second firm (which is about 60 miles away, but is a larger firm and has an excellent reputation in med mal and wrongful death cases) would like to review the medical records and look at the chronological timeline we have prepared. The first attorney offered to get the medical records for us, but I fear that would involve a commitment to retain him, which we're not sure we want to do at this point. I will keep you updated.

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