No autopsy for med mal

[Proserpina]

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

My Uncle's wife died in late October of 2008; she had been hospitalized with pneumonia and died somewhat unexpectedly the same week. Longtime sufferer of COPD.

64 years old

Rectus Sheath Hematoma final cause of death - 3 days
Pneumonia - secondary cause of death - 2 weeks
Chronic Obstructive Pulmonary Disease - Years

Uncle's son (my cousin) wants to file a malpractice suit against the treating physician and the hospital. Though it does not appear on Aunt's chart, Uncle and cousin claim that she had bad fall and that this contributed to the death.

No autopsy was performed and Aunt was cremated. Uncle seems to think this won't matter.


Would it even be worth their while to pursue a cause of action? (two attorneys have been contacted so far - one is still reviewing records, the other wanted money up front before she'd take the case)

I suppose I'm looking for confirmation or correction if I'm misguided or plain old wrong, (I'm family - they're not going to take my word for anything ) - I just can't see a cause of action here at all.

(Wouldn't it be nigh on impossible to file suit given that there hasn't been an autopsy at all?)

Thank you!

 

[las365]

Autopsy results are not generally necessary to prove a wrongful death case due to medical malpractice. If the claim your uncle wishes to make is based on a theory that the cause of death was actually something other than the cause(s) named on the death certificate, then yes, without proof of a different cause of death he would have a tough row to hoe.

Based on the information you provided, my general familiarity with med mal, and my google search on Rectus sheath hematomas (which I had never heard of) I would tend to think that there is probably not a viable med mal claim here.

This is what I found about Rectus sheath hematomas (RSH):

(RSHs) are generally caused either by rupture of one of the epigastric arteries or by a muscular tear with shearing of a small vessel. The immediate cause of the rupture may be external trauma to the abdominal wall, iatrogenic trauma from surgery, or excessively vigorous contractions of the rectus muscle. These vigorous contractions are often seen in strenuous exercise or repeated Valsalva maneuvers with severe coughing, vomiting, or straining at the stool. Because the arteries supply the recti posteriorly, most hematomas are posterior to the muscle, making diagnosis by means of palpation more difficult.

Even if she had fallen in the hospital and the fall was due to provable negligence and it caused her death, the damages would, in my opinion, be severely limited because of the condition she was already in.

 

[Proserpina]

Thanks so much for the fast response!

Since I actually posted I was informed that Uncle & Cuz are actually saying she died from anaphylactic shock and sepsis (?!) caused by a small splinter of wood which was on the floor when the fall took place.

I have absolutely no idea where this came from although they did apparently keep the sliver of wood.

(privately I believe they both need to quit watching "Dr. G - Medical Examiner" and "Code Blue".)

 

[lealea1005]

Thanks so much for the fast response!

Since I actually posted I was informed that Uncle & Cuz are actually saying she died from anaphylactic shock and sepsis (?!) caused by a small splinter of wood which was on the floor when the fall took place.

I have absolutely no idea where this came from although they did apparently keep the sliver of wood.

(privately I believe they both need to quit watching "Dr. G - Medical Examiner" and "Code Blue".)

The sepsis would have been noted on the autopsy report. Anaphylaxis would have been caused by an allergic reaction, so what are they claiming was her allergy?

Are they claiming she go the splinter while an inpatient?

In any event, I am sorry for your family's loss.

 

[Proserpina]

Thank you for your kindness

No autopsy was performed, and there is nothing apparently allergy-related in the records. The train of thought appears to be:

Hospitalized for pneumonia, suffered a fall during that time where a splinter of wood entered the knee and this caused sepsis; was given "something" at this point for the infection which then triggered the allergic reaction. There is no notation at all of anything other than the pneumonia, COPD and associated treatment.

I do think that (perhaps naturally) a scapegoat of some sort would make it easier for the family to absorb; Uncle himself doesn't really want to pursue anything other than his grieving (far more important, really) but cousin can be quite persuasive.

With everything being so vague and up in the air, I'm asked 'em both to register here themselves if they'd like further assistance from the folk here.

Again, thank you for taking the time to respond to a matter that is admittedly, at best, vague and confusing (and just a teeny bit frustrating )