Fort Worth, TX asked in Medical Malpractice for Texas

Q: My husband Was seen in the Emergency room for shortness of breath.Oxygen saturation level Being all over the place they

Admitted him was waiting for a bed in icu but went ahead and started bipap machine Which he was on for a couple hours. He was coherent talking to us and even said he could breathe. When a bed was available and I see you they disconnected the bypap therapy machine without talking to me or him about the risks associated with removal. He He died.

His heart stopped with an hour of being on the I c u unit floor they never reconnected the bipap machine. I want to know is the hospital liable?

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2 Lawyer Answers

A: You need to ask a medical doctor practicing in the area of emergency medicine whether disconnecting the bipap machine when transferring a patient into the ICU is a breach of the standard of care for a patient with your husband's symptoms. You will probably want that doctor to thoroughly review your husband's hospital records.

If his answer is" yes, it breaches the standard of care," then you may have a valid health care liability claim.

A: Yes it may be a case. Malpractice means that a health care provider acted below the standard of care and that that action or inaction caused harm. Here, the harm is clear, the death. Another qualified health care provider or providers would be needed to testify as to the breach of the standard of care.

Because of the nature of the laws for medical malpractice cases, and other factors, an attorney would evaluate if it was warranted to bring a lawsuit based on the anticipated recovery.

Use this website, or other resources, to find an experienced malpractice attorney in the state where this occurred.

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