Medical Malpractice Parental Right for Maried Person who died from Medical Malpractice

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pegasus94608

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My brother fell on February 11, 2014 at the hospital he was employed with for over 30 years, in Oklahoma City. On February 14, 2014 at 5:22 he died according to the first Death Certificate of a Heart Attack.
He had knee surgery on February 11, 2014 and fell while putting his clothes on after the surgery. They knew that he fell but allowed him to leave the hospital without checking to see if there was any damage anywhere. He sent a text message to myself and my sisters that this had occur. He was also sent home without any blood thinners or the machine that excercises your leg when you have a leg surgery. HIs wife asked and was told that doctor did not believe in that machine. She also contacted the hospital about blood thinners and that was never prescribed. Three days later he told his wife and daughter that he needed to go to the restroom and stated that he had to go to the restroom. When he was assisted he said he needed to lay on the floor when he died. His daughter was able to revive him where he said to tell everyone he loved them and the paramedics came in and continued to work on him where he went to the hospital where he passed. The death certificate read Heart Attack/Failure but we had an outside examiner who states that he died from a Blood Clot caused by the fall in the hospital. We cannot get the new Death Certificate for 90 days, meanwhile he was cremated and sent to California where my parents have placed him at the Chapel of the Chimes.
My parents and my two other sisters are distraught and the pain is unbearable since he was our only brother. My brothers wife and children seem to have selected an attorney by the name of Spencer somebody but we are his blood relatives and he we also have mental anguish, emotional distress and need to know what happened. M y elderly parents had had allocated him to be Administrator of their Estate in the event of their death, since he was their only son. Do we have any right at all to also be included in a lawsuit
I spoke with my Sister-In-Law on 4/1/14 and asked her if she is not going to add his sisters Name on the Lawsuit is she planning to include his 85 year old parents. My Brother was the Administrator of their property when they passed but this will no longer happen. She told us no and that she was only adding her name, her son and two daughters and 5 Grandsons, which the youngest is two.
She sent his ashes to California and my parents paid for his placement at the Chapel of the Chimes in Piedmont California and other expenses in excess of $20,000.00 stating that my brother wanted to come home. He was cremated and sent via mail where my mother does not believe in cremation. She told us to start our own lawsuit . Can this be done since they have all of the important information and are not sharing the information with his family. My Sister In Law and Daughter stated that my ieice performed CPR on my Brother when he collapsed but both ladies are Respiratory Therapist and we are concerned why did my ieice only conduct CPR when my Sister In Law is a Supervisor at a Hospital as well as it being her husband. My Neice has since started talking Xanax because she was feeling guilty about something. I don't know if I should be contacting the Police, let it go or be filing a separate Lawsuit since it occurred in Oklahoma City and we reside in California.
 
My condolences and deepest sympathy on your loss.

I suggest you speak with a local attorney.
I don't know what you're looking for, but the evidence, his body has been destroyed by cremation.

You'll need much more than conjecture or suspicion to bring a lawsuit.
 
I agree - an attorney is absolutely necessary.

All I will comment on are two issues.

1. Blood thinners aren't appropriate for every patient. In some, they can actually be dangerous (I'm one of those).

2. I'm being extremely delicate here, and I'm speaking only in generalities to help OP understand a bit more. I'm oversimplifying, but to put it plainly, CPR doesn't usually do an awful lot for a blood clot. It can't stop the clot from reaching the lungs or the brain and it can't stop the damage once the clot has lodged there. All CPR can do is try to keep the heart beating until emergency care is given and it would be unusual to actually resuscitate the patient to the point where he's awake and coherent enough to speak. It does sound like this was a heart issue unfortunately.

If the medical examiner actually did a second autopsy, his findings would be very interesting to read. If he didn't, and was going by medical records alone, I'm not sure that will change the death certificate at all.

I'm also sorry for your loss. But the reality is that a bad outcome doesn't necessarily mean that there was any wrongdoing.
 
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