Legal Question in Medical Malpractice in Tennessee

Malpractice in Death?

A friend's husband died hours after going to the ER for pain from a defribillator implant that was inserted earlier in the day. The ER Dr. did not want to mess with the bandage and told him to go see his PCP the next day and wrote a prescription for pain. He died before he could see PCP.

My friend contacted a couple lawyers and they said that nothing could be done because he had heart problems and that he refused treatment (a lie). The body of the husband was transported to the same hospital that the deceased had been to hours before. I can only assume that the same Dr. changed the chart to ''refused medical treatment'' to cover himself.

Can anything be done?


Asked on 12/01/07, 7:24 am

2 Answers from Attorneys

Renee Walsh LawRefs Nonprofit

Re: Malpractice in Death?

You must find a lawyer to represent you. If the man presented himself to the ER, why would he refuse medical treatment? Just doesn't make sense that he would refuse medical treatment, especially if he did not have a DNR (do not resuscitate order).

If the malpractice occurred in Michigan, I can refer you to an excellent lawyer.

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Answered on 12/01/07, 11:29 am
Marc Reisman Rosenblum & Reisman, P.C.

Re: Malpractice in Death?

Yes, there is something that can be done. While there may not ultimately be a cause of action, there very well might be and your friend should certainly keep attempting to locate a medical malpractice attorney to investigate her husband's medical care. There are strict filing deadlines and since you did not mention dates, I can not tell if she is running short on time or not. Best of luck to her and if she would like to discuss this further, an attorney and our office would be pleased to do so.

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Answered on 12/02/07, 9:26 pm


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