Negligent Medical Care May Have Led to a Wrongful Death
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By
Brett H. Oppenheimer, PLLC
This potential wrongful death case arose out of Somerset, Kentucky. The
caller’s sister was taken to the hospital one evening with complaints
of shortness of breath (shortness of air) and dizziness. The caller advised
that the emergency room staff did not perform a thorough examination and
that no tests were performed. The patient was discharged from the emergency
room without being admitted. Within 24 hours the patient died and the
family presented allegations that the hospital was negligent in its failure
to either admit the patient or perform tests sufficient to diagnose the
patient’s medical condition. No autopsy was performed. Therefore,
proving the
cause
of death was projected to be very difficult. Causation is the part of
a wrongful death case where the estate would have to be able to show that
the hospital’s and/or the doctor’s negligence
caused or resulted in the patient’s death. In this case, for example, the
patient’s condition may have been so advanced by the time she arrived
at the hospital that, even with the best of care, she would have lost
her life. Once again, the failure to have an autopsy presented challenges
in this potential case. If you have questions about a Kentucky doctor
or Kentucky hospital and their failure to properly diagnose or properly
treat your condition or if you have concerns that the death of a loved
one was the result of negligent medical care in Kentucky, you are welcome
to contact the Law Offices of Brett H. Oppenheimer, PLLC.
