My mom was diagnosed with kidney failure in 2006. She started dialysis. At the time she was living at home and doing everything any normal person would do. Within weeks of starting dialysis she started declining. This continued to the point where she became completely unable to walk or take care of herself at all. She required total care.
She also developed bone marrow failure from dialysis. She quit dialysis and to our surprise she didn’t get worse (they gave her a week to live). After 6 months hospice did labs on her and found she had normal kidney function.
She died 1 1/2 years later from the bone marrow failure caused by dialysis. I want to take her doctor that cared for her to court. I have no doubt he slowly killed my mother by subjecting her to unneeded dialysis treatments.
Do you think I have a case?
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.
To answer your question with a “Yes” or “No” is really impossible. If you are convinced the doctor’s actions directly or indirectly were the cause of your mother’s premature death you should pursue the case.
Pursuing the case will mean learning everything you can about bone marrow failure as it relates to kidney failure. There are probably hundreds of medical articles which deal with the specific subject.
Do not feel you have to rush. In the State of Illinois there is a 2 years Statute of Limitations for Wrongful Death cases. This means you have a 2 year “window” in which to settle your case or file a lawsuit.
What you are describing is the most severe form of Personal Injury. You are describing a Medical Malpractice Wrongful Death case. Those cases are serious business.
If you’re going to accuse the doctor of medical malpractice you should be well-prepared to do battle with the doctor’s Medical Insurance representatives and attorneys. You can be sure they will not accept liability or admit negligence for the untimely and wrongful death of your mother at the hands of their insured – the doctor.
We are not trying to discourage you, quite the contrary. We are urging you to commence a thorough investigation of the facts of the case. And also the medical literature supporting your version of the acts and the events which precipitated your mother’s untimely and unnecessary death.
The doctor will undoubtedly fight tooth and nail against an admission of culpability for his actions. As a result you can be assured if you do file a claim or lawsuit against him you will soon be in what are called “the Big Leagues.” You will be quickly dealing with an army of insurance company attorneys whose only job will be to crush your allegations.
Again, do not be discouraged. You can fight fire with fire. You have just as much of a right to represent your position with attorneys as they do. In that regard we urge you to seek the advice and counsel of a Personal Injury Attorney who specializes in Wrongful Death cases.
You can be comfortable knowing almost all of the reputable Wrongful Death Attorneys will not charge a fee to sit down and discuss the merits of the case with you in their office.
Do not think you will get much advice talking with attorneys on the telephone. Most will feel you are just “attorney shopping” and will afford you little time and advice. But those who invite you in for a free initial consultation are serious, and will respect your contentions, doing everything legally and ethically possible to represent your mother’s estate. You can be sure of it.
Learn more here: Hospital Wrongful Death Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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