What Happened?

[Y-ME]

What is the name of your state? MI

Today my attorney calls me and says I don't have a wrongful death claim after his buddy who is in charge of cardiology at another hospital reveiwed medical records. Now just in Nov. he asked me for a figure to submit to the insurance company. If I didn't have a case from the beginning why would he take the case and why would he be in talks with the hospital? He said she would have never made it out of hospital even if this accident didn't occur.

Background my mother had a heart catherization that was successful but the Dr. decided to do a biopsy that punctured heart and she bleed out. Even the chief Medical Examiner said the Dr. was negligent and advised me to seek counsel. The hospital tried to cover it up and said she went into cardiac arrest , instead of them puncturing her heart in two places.

One underlying issue is she had hyersinophillac syndrome. That is a proliferation of white blood cells that could have been treated with the use of steriods My attorney has had all records since Sept '07 staute is up Sept. 08. Should I seek another attorney or just accept the fact the Dr. killed my mother and there is nothing I can do.

 

[ecmst12]

He said she would have never made it out of hospital even if this accident didn't occur.

Because the most important aspect of a malpractice case is being able to prove that the experienced outcome WOULD NOT have occurred, IF NOT for the act of negligence. If your attorney has learned that you cannot prove this, and it's likely she would have died during the same hospital stay because of her underlying conditions, then you cannot win your case.

Now as far as the medical reasoning BEHIND what was said, you would have to discuss that with your mother's doctor.

 

[lya]

The biopsy report(s) may answer the question.

If you have the report, please post the findings.

 

[Y-ME]

Postmortem Report

Cardiovascular System:

The 450 gm heart had a normal configuration and a moderate amount of epicardial fat. There was 1 cm sutured full thickness peforation of the anterior wall of the right ventricle, adjacent to the interventricular septum, and there was a 2 cm full thickness perforation of the apex of the right ventricle that was not sutured. There was hemorrhage into the epicardial fat and in the adipose tissue on top of the diaphragm in association with these perforations. The coronary arteries had no significant athersclerotic disease. No acute thrombi were present: Both ventricles were slightly dilated and their walls were of normal thickness (RV 0.4 cm, LV 1.3 cm). The endomyocardium and papillary muscles of the left ventricle were hyperemic, and no other endomyocardial lesions were present. The chordae tendineae were not thickened, and the heart valves were unremarkable. The aorta had no significant atherosclerosis. The major arteries and great veins showed normal distribution.

Microscopic Examination:

Heart: Sections showed an intense inflammatory cell infiltrate, that was near-diffuse in the endocardium and patchy throughout the mycardium of both ventricles, and was composed predominantly of eosinophils. There was a spectrum of damage present, with areas of granulation tissue formation and fibrosis present in association with inflammation. The sections of the perforations of the right ventricle showed aforementioned changes, with at least one area of transmural acute inflammation. Sections of the right coronary artery and epicardium showed hemorrhage into the epicardial fat as well as an eosinophillic infiltrate that extended into the arterial wall (most evident on recuts). The sections of the left ventricle additionally showed superimposed acute transmural infarction with coagulative necrosis and an early neutrophilic infiltrate.

 

[lya]

Her disease may have caused death in the near future or in a few years, depending on the response to medical management of the hypereosinophilia.

It seems to me that her death was caused by the perforations. The location of the perforations could have caused immediate inability of the heart to 'fire' and conduct normally.

It does show that she had an MI at some point but does not give enough information to know if it was new and having an imact on her heart function.

The other findings are consistent with hypereosinophilia.

I'd talk to another attorney and pay for an independent, objective medical expert's opinion.

 

[Y-ME]

Thank You so much for your time. I know hypereosinophillic syndrome is so rare no one knows how long she would have lived with proper treatment. I need to add the cath found no blockage and they gave her blood thinners and she had a fever the day before the surgery. To me it's not about the money it's about them getting away with murder. If they knew she had a short time to live then send her home to be with family and she was in the hospital a week before they attempted surgery.

 

[lya]

Thank You so much for your time. I know hypereosinophillic syndrome is so rare no one knows how long she would have lived with proper treatment. I need to add the cath found no blockage and they gave her blood thinners and she had a fever the day before the surgery. To me it's not about the money it's about them getting away with murder. If they knew she had a short time to live then send her home to be with family and she was in the hospital a week before they attempted surgery.

I think there is, more likely than not, a valid claim of negligence. Heart muscle biopsies are not supposed to perforate the heart muscle. The question remains, were there enough damages (money) to take it to court.

I'm on your side 100%.

 

[LAWMED]

I agree. A 2cm full thickness perforation of the right ventricle which has not been sutured will kill you 100% of the time. There might be some situation where it is not negligent....but I can't think of one. The unfortunate burden of proof for you is that your mother's underlying myocarditis was less lethal than a hole in the heart. (It was). Then, to prove how much your mother's life expectancy was shortened...then a monetary value for the loss of that time. It sucks, but that's the way it works. Do talk with another attorney.

 

[Y-ME]

Thank You! I'm trying to stay positive even though the last attorney wasted valuable time. My mom was a fighter so I have to pick up where she left off.