Brooklyn, NY asked in Medical Malpractice for New York

Q: Would like to know if my mom has a case.

My dad would go to his doctor with complaints. Each time the doctor would say he had a sinus infection and give him antibiotics. After a couple years he saw an endocrinologist and his sinus infections wound up being stage 3 cancer. He was going to the CTCA in Zion Illinois. When Covid hit they stopped flights from NY. They told him to go to his local hospital for his treatments. The local hospital refused to see him and said that his treatments were elective. When I finally was told of what was going on a friend and I drove him to Zion but it was to late. They released him in my care as hospice. We drove him back to my house where he passed away roughly 2 weeks later. We were lucky to see 1 or 2 hospice nurses. I gave him all his medicine and changed his bags. Since his passing my mom has had 4 strokes from stress

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2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY
  • Licensed in New York

A: I'm very sorry for the loss of your father, and for the devastating impact it has had on your mom. It's difficult to offer a direct and concise "yes" or "no" answer to your question. There's a considerable amount of information to sort out here, and much further detail is needed beyond the facts provided in the brief description. Some of these issues are whether there are elements of failure-to-diagnose, the role of COVID beyond anyone's control, and other factors.

If you are interested learning your family's rights and options here, reach out to law firms to discuss, and please do so without further delay. You mention a timeline that appears to have at least one element that is in the order of years. Therefore, it would be a priority to identify the timeliness of any such a claim(s) your family might possibly have here.

Law firms that handle such cases typically offer free initial consults. Reaching to them could be a first step in answering your question. Good luck

1 user found this answer helpful

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • Medical Malpractice Lawyer
  • New York, NY
  • Licensed in New York

A: So sorry for your loss. Although your mother's strokes may very well have been caused by the passing of your father, her physical injury is not actionable as your father's medical providers did not owe her a legal duty of care. A wrongful death action on behalf of your father (and perhaps herself for loss of services and consortium) against the doctors who kept prescribing him antibiotics would likely be time barred as the statute of limitations for medical malpractice lawsuits in Illinois is only two (2) years.

1 user found this answer helpful

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