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Do I have a valid lawsuit for medical malpractice?

Question Details:My grandfather was prescribed an antibiotic that gave him a reaction of shortness of breath and tightness in his chest. We took him to the emergency room and the doctor stated that the pains were from a fall 2 weeks prior. He had just left the hospital from a 5 day stay and was prescribed the medicine that stated if he had the reactions to take him to the emergency immediately. They never changed his medicine and sent him home. Today he was gasping for breath by simply trying to go to the rest room. He collapsed, we called 911, it took them over 20 minutes to arrive to our home and he died.

Asked 2 years ago under Personal Injury | 784 Views | More Legal Topics

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B. B., Member, New Jersey Bar | FreeAdvice Contributing Attorney Answered 2 years ago

I think you need to talk to an experienced medical malpractice attorney, as soon as possible.  Your outline of the facts is a strong candidate for suit.

Your lawyer will need to get your grandfather's medical records, and have them reviewed by specialists the firm has on staff, and possibly also by a doctor who can give testimony as an expert witness.

The legal question here is, whether the emergency room doctor failed to follow the "standard of care."  If so, he can be found liable for wrongful death.

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