If an ambulatory patient is put in the er for 2 to 3 hours and not treated and later died. Mal-practice?

Question

My wife was transported by ambulance to a local Speciality Hospital and was admitted to the E.R for a unstable anginia or heart problems. She stayed in the E.R. for 2 tp 3 hours and then was transfered to CCU and a couple of hours after that she had a masive heart caused by a blood clot and died. Would that be considered medical mal-practice?

Answer 1

How could it be malpractice?

Just from a 3 hour stay in the ER? Where she was being monitored and take care of? 2-3 hours wait before being transferred to a bed in the hospital is a VERY GOOD wait time. Well below national average.

I'm sorry for your loss, but I don't see the malpractice here.

Answer 2

I am sorry that your wife died.
i know that wait times can be long .
when she was in the emergency room she would have been tested and monitored and may have been given some medication as well. so there is nothing the matter with that.
once she was in CCU she was actually in a place that was slightly less able to respond to her needs . they have very advance monitors there and the nurses are well trained but there is not a doctor in that room all the time as there is in the emergency room
the sad truth of life is that even if a team of cardiac doctors were standing at her bed side from the second she arrived at the hospital when God says come . people go. no doctor can stop that .
what would you prefer to feel the grief and all its stages including anger or
take legal action that might end up with a good doctor who heals many people everyday and put him out of work leaving fewer doctors to help .
i think your wife would tell you that now where she is she sees that forgiveness's prayer and faith are the things you are to do now.
may God help you comfort you and guide you . in Jesus name i pray this. amen

Answer 3

I take patients to ER daily for similar problems and although protocols vary between different regions (both ER and ambulance protocols) your question raises the following issues:
(1) Did the ambulance crew treat her unstable angina/heart problem to the level of their protocols? (I'm thinking of basic cares such as GTN / aspirin / morphine / oxygen and EKG.)
(2) Was she treated in ER for her unstable angina/heart problem to the level of their protocols? (Same cares as ambulance plus the all important thrombolysis - no need to be in CCU for this to occur.)

The length of time spent in ER is irrelevant *if* she is already receiving the definitive treatment and drugs for her condition.
Unfortunately people do die in hospital and for the most part all that can be done is done. Sometimes the public's expectations are too high and they seek to blame someone. I mean no disrespect to you in this matter and am sorry for your loss. If you want peace of mind that the best was done for your late wife, please ask the governing bodies to review her case.

(By the way - when you say 'ambulatory patient' did you mean 'ambulance patient'? An ambulatory patient is one that needs no assistance walking.)

Answer 4

First, I am terribly sorry for your loss. The question about malpractice hinges on whether your wife received inadequate neglectful care that directly led to her death. Given her symptoms, did she receive the proper standard of care compared to current knowledge? If you have a physician friend to consult with, that would help you determine whether further legal action might be warranted.

Answer 5

in order to establish malpractice, you have to prove that she did not receive the "standard of care" and that the staff was negligent in doing so. what this means is, if someone presents to the er with angina they would automatically get oxygen, aspirin, nitroglycerin, plus EKG and labs (given that the patient had no contraindications to any of the above). I would check on the chest pain protocol and see if your wife's treatment differed from that protocol and ask myself: why did it differ? if there is no reason, that would possibly constitute negligence.

Answer 6

I am soo sorry for your loss. As for malpractice, an attorney would have to review her records to determine if anything the hospital or doctors did or didn't do contributed to her death.

Answer 7

Not in Texas, thank you then Governor George Bush. My late husband had seizures and they told me to double his meds but gave him none in the hospital 7 hours later, they released him, he had had a couple minor convulsions in the er but they didn't bother to check when the monitor went crazy I had to go hunt the nurses down leaving him alone. When they deemed him fit for the road, he had been brought in with ambulance and had thrown up 4 times in the ambulance and then fainted when they got there. Anyway I asked for a wheelchair, simple request for someone who obviously has sustained head injuries of some sort. Though they couldn't say what caused the convulsions. They refused my simple request of a wheelchair, he took about 10 steps had a grand maul convulsion, hit his head 6 times and then had 5 concussions, with Bush's new freaking save the insurance malpractice agencies laws I had no recourse legally, or medically. He wiped out Worker's Comp down here too. Anyway within 6 months my husband died of swelling to the brain but the lawyers and the doctors say I can't tie the two incidents together. I don't know why not, my 5 year old grandson did.
They kept her in the ER that long, not because there wasn't room but they charge 800 a night for ICU and 700 an hour for the ER. It's all about money to them.
But however you may not live in Texas and may have people in the legal profession and the medical profession that can add two and two so go to this website and find out. Even if it's Texas there are one or two exceptions to this legacy left by our former and never again governor. This is a great website for free advice from some of the top lawyers in their fields.

http://www.lawyers.com/ask_a_lawyer/ask_a_question/index.php?LDC_userId=655538114&LDC_sessionId=723814616

I'd ask and if you win...drop me a line so I know that the entire world hasn't gone insane. Got my fingers crossed and praying away for you. I'm sorry for your loss. It's hard to lose your soul mate, your spouse, I lost mine a year and a half ago and still think he's going to be here when I get home. Then I lost my Mother this last September.

His family has practically disowned me, I guess if your an Anderson in Amarillo Texas, and your husband dies and he couldn't give your mother in law grandchildren (not for the lack of trying) the daughter in law that drinks, does drugs, has her son steal and buy her drugs is now the princess and the hard working sober and straight teacher is called selfish and her dead husband is accused of things that are only real in drunken druggie land. Kaye Anderson...is the doper and Brandon Anderson her son of 27 is her drug mule, stole prescription meds from my husband, his father, who died of ALS and me being treated for severe depression. Here's the kicker it was my fault he broke in and stole my Xanax and Valium and my diabetes medicine from my bedroom. I had a doctor give them to me legally. So the FDA and the DEA is handling them now. Funny though after she called and yelled at me for her son being a burglar to supply his and her habits she fell down two flights of stairs and broke her wrists and had to have surgery. I think my husband and his father's ghost threw her down the stairs. Ah, well enough self pity for today.
But you, try, at least check into it. That was a gross mistreatment and mis-care of a patient for the sake of money. If that's the only thing hospitals understand now is dollar signs hit them where it hurts the most. If they had just given her a couple of aspirin the clot probably would have broken up in an hour or so, she may have still had a heart attack but that and the clot was what probably killed her. There is no amount of money, I know to replace her in your life, but she would probably want you to do this just so the next person they treat with her symptoms won't be so ineptly taken care of. I wouldn't settle for less than 2 million. It's totally up to you but I wouldn't accept a silence clause either, the point is to make it known so the next person in line has documentation that this is not a hospital but a money pit. Also your lawyer will check to see how many times this hospital and the doctor himself has been sued. Have him check the availability of beds in the ccu that night also, I'm sure that's the lame excuse they gave you.

Did they give her any clot busting meds, a CAT Scan w/contrast? Did they put her on a monitor? Did her blood ox. fall below 85? Did the alarms go off? Did they ignore it? Get all these facts in this last paragraph that you can...and when you submit your Ask A Lawyer question make sure you point out as much as you can. Get the medical records for the last 5 years to give to the lawyer, that way it's free and he won't charge you for having to make the phone call. Did they even give her an aspirin? Did she have a history of heart problems? Was she on meds, specifically pain meds that thicken her blood? Was the on call doctor aware of her medical history? All this will help the lawyer decide to take the case and make your point. If you need more help or there isn't a lawyer on that page that will help...I don't think they won't try, they tried for me but good ol' Bush the insurance guy's friend screwed us at every turn. But they did try over and over...I must have talked to over 12 attorneys before we decided that these new laws he instated blocked us. The one thing I regret is they got away with killing my husband, don't make that your regret too. A lot of factors go into a malpractice suit. So get all your ducks in a row and go to that site and ask them. I'm sure they'll help if not email me and we'll think of another way. Hopefully you're not in Texas. Also what did they do in the ER to try and prevent this tragedy from happening?
My heart and soul reaches out to you,
My prayers are with you in this difficult time.
They will want to put you on anti depressants and I didn't want to, I was very resistant to it but finally my best friend pointed out that my temper was short and I was not myself I finally did go on some and after a week or two it did help. Don't forget your health and your mental well being, she wouldn't want that and you know it. You can email me just to commiserate if you'd like...hit my "picture' and click on the email link and then I'll send you my main one. Keep your family close and your friends close, hopefully your in-laws and family isn't like the Andersons. I'd change my last name back but that would be an insult to Pierce and to his father. Too bad the best of the family died within a year of each other. If you have pets they are a great source of comfort and companionship.
Chin up, you're not alone...if nothing else I'm here for you.
Again, my deepest sympathies and heart felt condolences. Write me if you feel down or if you just want to talk.

Answer 8

I'm so sorry for your loss. I don't think there's malpractice here.

Answer 9

I am so sorry for your loss.