Legal Question in Medical Malpractice in Arizona

wrongful death

My mother went into the hospital for surgery on her cervical vertebrae on May 26, 2004. She was released from the hospital one day later on May 27, 2004. She died on May 28, 2004. At that time, cause of death was pending. However, I have just received the autopsy report in which the medical examiner determined the cause of my mother's death to be the mixture of two prescribed drugs: oxycodone and carisoprodol. The two drugs were given to my mother by her doctor. In the opinion of the medical examiner, the manner of death was accidental. I would just like to know if this is grounds for a wrongful death case. My mother would still be here with me today if not for the mixture of these two prescribed drugs.


Asked on 9/15/04, 6:47 pm

6 Answers from Attorneys

John Kubasch The Kubasch Law Group

Re: wrongful death

Hi,

Many things irritate me about this situation. Where did this happen? Who are the "treaters"?

The amount of the drugs given will be also a necessary inclusion.

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Answered on 9/15/04, 10:27 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: wrongful death

It seems like you, actually your father since he'll be the first in line under the intestate succession rules, might have a case.

I am however, concerned about the date of death being 2 days after discharge. Did your mom take medication home? was she instructed to take certain amount at home? was it an actual overdose?

I'll be happy to evaluate your mother's medical records free of charge if you would like to send them to me. I have represented client's in AZ in the past in association with local counsel.

Sorry for your loss and best of luck.

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Answered on 9/19/04, 9:44 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: wrongful death

I am very sorry to hear of your loss. Certainly you have a basis for a med-mal suit, however, the medical records need to be acquired and reviewed by an expert. Call me directly at (619) 222-3504.

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Answered on 9/16/04, 1:22 pm
Joel Selik www.SelikLaw.com

Re: wrongful death

I do not know AZ, but in California it certainlywould be.

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Answered on 9/15/04, 6:56 pm
Terry A. Nelson Nelson & Lawless

Re: wrongful death

If the death was in Arizona, as indicated in your header, then you need to contact an attorney there. If it was in CA, then we may be able to help. Either way, the only advice that is of any value to you is that of a doctor, not an attorney. Only if you are able to find a doctor willing to testify that the treatment and care was below the standard [negligent] can you even file suit, let alone win. Either you check with doctors yourself, or you can have an attorney help you do so.

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Answered on 9/15/04, 7:13 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: wrongful death

When the coroner considers cause of death, malpractice too would be listed as accidental. One needs to obtain the hospital records, including the anesthesia records, to determine if your mom died of malpractice. Probably she did, based upon my experience, but, until the case is reviewed with a qualified physician. Oxycodone and carisoprodol are pain medications and muscle relaxants respectively. It is particulary important to save any medications that she was given to take home or that were filled by prescription. Very possibly the error was a Pharmacists error.

A qualified med mal lawyer will check this out for you without charge for his services.

Feel free to contact us if we can be of further assistance.

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Answered on 9/15/04, 7:47 pm


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