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Do I have a lawsuit?

Question Details:My mother had epilepsy and there was a temporary doctor on call because her regular doctor was on vacation. Temporary doctor would not prescribe her seizure medicine. Aweek later she passed away from the cause of a seizure.

Asked 2 years ago under Personal Injury | 842 Views | More Legal Topics

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SJZ, Member, New York Bar | FreeAdvice Contributing Attorney Answered 2 years ago

It depends on the circumstances. Was the doctor negligent (unprofessionally careless) or did he refuse to do his medical duty? Then yes. But if he did not prescribe for a professionally reasonable reason--needed her medical records and didn't have them, or thought on good evidence that she'd be ok w/out and was better off waiting for her regular doctor, then no.

You should speak with an experienced medical malpractice attorney with whom you can share all the information and your mother's medical records. He in turn may then get an opinion as to the quality of care from one or more of the doctors he uses as an expert witnesses.

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