Tallahassee, FL asked in Medical Malpractice and Wrongful Death for Florida

Q: Can I sue the hospital for medical negligence due to the sudden death of my mother-in-law who had Covid -19?

My 70-year-old mother-in-law passed away unexpectedly earlier this year after being admitted to our local hospital twice within a week. At the time of her passing, she was suffering from COPD, had a heart stent, was on long-term opioid for more than 30 years among other health problems. In the last week of January of this year, she began to experience chest and stomach pains, shortness of breath, and loss of appetite. She was rushed to the hospital by ambulance and was admitted upon arrival. She was diagnosed with Covid-19 and it was discovered that she possibly had lung cancer. She was discharged 2 days later and sent home with home health. 2 days later, she was rushed to the hospital again with the same symptoms and was admitted again for two days. She was discharged on February 2,2022 and died within couple of hours of getting home. Would there be any way to sue the hospital and doctors for medical negligence due to her being discharged with all of her health problems?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: This is something a Florida attorney could answer best, but your question remains open for four weeks. I'm very sorry for your family's loss and the ordeal your mother-in-law went through. As a general observation, the matter could have elements that make for a difficult case. Hospital discharges are usually based on meeting certain parameters, whether a certain levels of strength, mobility, function, or other standards that physicians might apply, based on the circumstances. They are not intended to be 100% risk-free, and one of the applicable standards here could be whether there was a breach of a medical duty.

But this is only a generality. The truly meaningful way to answer your question would be to reach out to law firms in Florida to try to arrange a free initial consult. If attorneys felt there could be a basis for a case, they would retrieve patient records and review with medical professionals. Good luck

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