New York, NY asked in Wrongful Death and Medical Malpractice for South Carolina

Q: How long are blood and tissue samples saved in SC for the purpose of lawsuit? Who can obtain them!?

I have contacted an attorney, sent a summary and outline to them medical records and the autopsy and haven’t heard back about if they’ll take the case or not. My mother died December 18th. Failed to diagnose or biopsy tissue. They cancelled her appt in October saying they saw no reason that the referral was sent. This organization performed an upper endoscopy and second colonoscopy a week before she died which we are almost positive caused the embolus to her right and left lung. Evidence of scattered prior emboli were noted. Several scans of the mass and several areas in her medical records where they did cancer antigen testing, elevated but denied biopsy and cancelled appt. The surgery wasn’t carefully done causing too much air in her stomach I had to call the coroner for autopsy. He said well wasn’t your mother just unhealthy? They profiles her for nearly 3 years. 10 readmissions. They let her die. I need to know who to hire.

1 Lawyer Answer
Roy Willey
Roy Willey
  • Medical Malpractice Lawyer
  • Charleston, SC
  • Licensed in South Carolina

A: First, let me express my sincerest condolences on the loss of your mother under such unexpected circumstances. I am so sorry to hear the tragedy you are experiencing.

Second, with respect to your specific question the answer is that it depends. Everything should be documented in the medical records, and that is what a reviewing attorney will look to in order to make an initial determination. Medical malpractice cases take much more time to review than other types of cases because they are record specific, and in South Carolina we have several hurdles to clear before one can even be filed - for example the requirement that an expert affidavit from a professional in the same field accompany a Notice of Intent to File Suit.

I would recommend you follow up with the attorney you have sent everything to and just ask for a simple timeframe on when they expect to be able to make a decision. Chances are that they are just going through everything and doing that initial expert review to see if there is an expert that will sign off on an affidavit to allow them to file your claim.

Best wishes for getting the answers you want and deserve.

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