Washington, DC asked in Elder Law, Health Care Law and Medical Malpractice for District of Columbia

Q: can hospital be sued for neglected if they failed to cardiac convert a patient that request to be converted

Patient suffered from Ventricular tachycardia rhythm, family was at bedside during event ICU team informed family that they was going to wait to see if patient would come out on her own. Family insisted on converting patient or bring in electrophysiologist. After 3 hrs of waiting they finally brought a provider who was just a resident who stated that he could not make any diagnoses that he needed to go back and report to covering provider. During that time patient and family continue to ask staff to convert patient, finally the PA who was on ICU team came and spoke with family and asked what they wanted ICU team to do. Patient then yelled out "shock me" PA turn and left room. Patient nurse was present through out who event. Patient passed away on same day, family went had multiply meetings with medical team and staff during patient stay due to failure of treatment. Family kept documentation of ALL events

1 Lawyer Answer

A: Yes this is a potential case. While doing what the patient or family instructs might not be malpractice, what you describe does indicate there may be malpractice.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Consult with experienced malpractice attorneys in the state where this occurred.

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