Law Office of Robert A. Miller
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Daughters file wrongful death claim against doctor and hospital

Oregonians may be surprised to know that despite advancements in medical technology, medical mistakes happen. In the most serious of cases, a medical mistake can be fatal for the patient and lead to a wrongful death claim. A death is wrongful when it is occurs due to the misconduct or negligence of another individual.

In one such case, the daughters of a deceased patient are suing a doctor and her hospital alleging wrongful death. The daughters claim that their mother went to the emergency room complaining of shortness of breath and wheezing. She was then admitted to the hospital under the care of the doctor named in the lawsuit. Two weeks later, their mother suffered from severe abdominal pain and shortness of breath.

Several days later, the daughters allege their mother's health rapidly declined. She had a swollen belly, vomited and eventually had to be resuscitated. The complaint states that the daughters ordered a CT scan after she was resuscitated. Their mother passed away only days later from a hemorrhage.

The wrongful death complaint filed in the case accuses the defendants of failing to timely assess and provide appropriate treatment, and failing to conduct required procedures under the applicable standard of care. Damages for wrongful death, pain and suffering, medical expenses and other damages are being sought.

A wrongful death lawsuit may arise in numerous situations and every case is unique. The potential for recovery depends on many factors. An experienced Oregon medical malpractice attorney can assist a person harmed by assessing the viability of a wrongful death claim on behalf of a lost loved one.

Source: The Louisiana Record, "Ochsner hospital and doctor sued for wrongful death of woman," Kyle Barnett, Dec. 20, 2012

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