Legal Question in Medical Malpractice in Pennsylvania

My mother died from sepsis

My mother had been in and out of the hospital in a six months span 106 times. She developed gangrene during these times, and we were told almost ever visit she has an infection but they did not know where. On December 29th they ambulanced her to a nursing home who would not admitt her they told me she was to sick and sent her back by ambulance to the hospital, they had to put her on a ventolator in the ER and 2 days later called and told us she had gangrene. The next day they called us again to tell us she was septic and DR would do surgery on her so they wanted to put her in their hospice. There were alot of things in me and my siblings opion that was done wrong


Asked on 6/06/09, 9:31 pm

1 Answer from Attorneys

Arthur Newmark Arthur Newmark, M.D.. Esq

Re: My mother died from sepsis

Please accept my sympathies for your loss, and for the frustration you must have gone through with your mother�s care.

As far as a medical malpractice case, I�m sorry to inform you that on the facts you describe, you are unlikely to find an attorney to represent you.

Medical malpractice cases require the attorney to invest hundreds of hours in his time, and tens of thousands of dollars paying for the time of hired experts. Because of the number of visits, each generating paperwork which must be reviewed by an expert, this case would be prohibitively expensive to pursue, assuming that the theory of liability could be established.

With 106 hospital visits, an attorney would be likely to find hundreds if not thousands of medical errors. For example, it is extremely unlikely that your mother was stable to be discharged to the nursing home on December 29. The problem would be how to tie any given error to a different outcome.

Although, as a doctor/lawyer, I am uniquely positioned to undertake this analysis, I would not do so, due to the extreme unlikehood that I would be able to identify a viable theory under which you could win this case.

This is my opinion only. Many if not most malpractice attorneys will discuss their opinions without charge, so I urge you to seek additional opinions in his matter.

Also, you need to consider that the statute of limitations in this case (the date that an attorney would need to complete investigation in this case AND file a lawsuit) could run out as early as two years from the date your mother first sought medical attention. So any inquiry should be done ASAP.

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Answered on 6/08/09, 6:41 pm


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