Visitor Question

Mother Died from Misdiagnosis of Heart Attack in the ER…

Submitted By: Tracy (Panama, FL, USA)

My mother went to a hospital ER complaining of chest pain, neck pain and arm pain all on the left side. The EKG showed abnormal as well as the X-ray showed an enlarged heart. Two hours after the EKG the cardiologist on call read it and stated she was possibly having an acute heart attack.

An hour later the ER doctor came in and stated to my mom she had a strain in her arm and put her arm in a sling. The doctor gave her loratab and muscle relaxers and sent her home.

She died of an aortic aneurysm secondary to the heart attack.

The hospital is now saying that the cardiologist doctor never saw her or the EKG even though I have a copy of his findings as well as where he billed her insurance.

The hospital wants to settle but they came out with a settlement of $100,000. To me that is an insult. Am I wrong in thinking it should be more and take them to court, or should I settle?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Tracy,

This is medical malpractice claim. Almost all medical malpractice claims should be handled by experienced personal injury attorneys. Your mother’s claim certainly is one of those which requires legal assistance.

Starting with your mother’s admitting chart, collect all of her medical records from the hospital. You must gather every record which in any way relates to your mother’s treatment. Unfortunately the hospital may not release them without a court order designating you as her legal representative. If that’s the case your attorney will have to subpoena them.

Don’t sign any papers the hospital may ask you or any other family member to sign. Don’t speak with any hospital representative until you’ve retained an attorney. This isn’t the time to worry about having to pay an attorney. Most personal injury attorneys, especially those specializing in medical malpractice claims, will not charge you any legal fees to visit with them in their office.

Don’t waste any more time. Visit with one or more personal injury attorneys immediately.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 31, 2013

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