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Hello my son passed away after being with us for 16 days.

 
rvlaw's Avatar
  • Answered by:rvlaw
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  • Positive Feedback: 97.2 %
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Customer Question

Hello

my son passed away after being with us for 16 days. My wife was on a methadone clinic. While he was in the nicu he was tested they test with a scale from 1-8 for withdrawals and he was testing 2-5 i believe maybe 2-4 we found this out when we went to the hospital and pulled his records. he was released on the 4th day after being born and in simluar cases we have found that babys that hav tested much lower then ours had to stay in the hospital for up to 2-3 months and be treated for withdrawal. Im trying to find out if theres a law stating why our son wasnt treated in this way and why he was released to us. We where told nothing was wrong and he was doing great and ready to come home. it wasnt untill his death and further investigating that we found he was testing high for withdrawals. One hour before he was released to us to take home they put him down as a 0 on the scale but in that same day he was rated 2-3 its not possible for babies to vary that much. we have spoke to some one whos baby was on a detox and she said that they dop a point a week on average. Also the homicide investigator for our case tried to pull our sons records and the hospital refused and he had to go through the courts and get a warrent something he said never happens and he said for how they acted he feels they did something wrong and for us to look into it. Any help on this matter would be very helpfull thanks you

 

Optional Information:
Person's Age: 23

Submitted: 309 days and 2 hours ago.
Category: Personal Injury Law
Value: $25
Status: CLOSED
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Expert:  LawHelpNow replied 309 days and 1 hours ago.

Hello,

I will be very happy to try and help you today!

I am so very sorry for your loss.

So that I can provide you with accurate information:

What is your jurisdiction (state)?

What are the dates of birth and death?


Join thousands of satisfied customers by adding me to your bookmarks/favorites: LawInfoNow. Just type your future question in the text box to direct it to my personal attention.

Customer replied 308 days and 19 hours ago.

It happened on Fort Bragg in north carolina at womack army hospital wich is already under alot of heat from quite a few infant deaths... our son was born oct 21 2011- passed on nov 6 2011.

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Expert:  LawHelpNow replied 308 days and 18 hours ago.

Hello again,

Thanks for writing back -- good to hear from you.

Again, I offer my sincere condolences to you and your wife.

I have opted out (without charge). My fellow legal expert colleagues are able to view your eight question and answer in their discretion.

Due to a feature of the computer system (nothing to do with you as a customer), there may be a delay until you see my "official" opt out actually indicated as such.


It was a pleasure interacting with you. I would like to wish you all the best and truly hope you see this matter resolved.

Take care and thanks again for choosing our service!

[Please do not reply to this post as doing so will delay handling of your inquiry.]

Accepted Answer

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Expert:  rvlaw replied 308 days and 18 hours ago.

Hello

 

 

 

I am so sorry for your loss.

 

 

 

 

I believe you have a case against based upon one or more legal theories against one or more of the doctor or hospital and/or others

 

 

 

 

Medical malpractice, sometimes referred to as medical Negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury.

 

 

 

 

 

Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:
• Misdiagnosis of, or failure to diagnose , a disease or medical condition;
• Failure to provide appropriate treatment for a medical condition;
• Unreasonable delay in treating a diagnosed medical condition;

 

 

 

 

Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.

You must contact a lawyer who specializes in medical malpractice cases. He or she will have a medical legal expert review all the records with a view toward offering an opinion/report and trial testimony that the doctor's acts were negligent in that they did not conform to the standards of the applicable specialty in your area.

 

 

 

You have to consult with an attorney in your state. This is not because I am a NY attorney, but as you can see from the language on the site here, it says that no attorney-client privilege exists and that you should contact a lawyer in your state for representation. In other words, even if I were a lawyer in your state , the same rule would apply.

 

 

 

To find an attorney, go online to Martindale.com. This is a nationwide directory we lawyers use ourselves to find highly qualified legal specialists in various fields of law. These lawyers are NOT in Martindale because they paid to be included. They are there because they are rated as QUALIFIED by other lawyers in their field of expertise and geographic area as it applies to your kind of case. The process is this: other lawyers are asked to fill out questionnaires giving their opinion of the quality of the work of the law firm that ultimately appears in Martindale.

 

 

The site is organized geographically and by legal specialty. Consult with two or three and select the one you are most comfortable with. The Martindale listing will have the names of current or past clients. Contact those clients as references for the firm. The lawyer will evaluate the cost of his care and the pain and suffering he endured even for the short period of time


You will also have a suit against those same people for wrongful death…..the value of his loss to you, although it’s impossible to evaluate that in money damages.

 

 

 

 

rich

rvlaw41094.0853812847

Expert TypeAttorney
Category: Personal Injury Law
Pos. Feedback: 97.2 %
Accepts: 458
Answered: 7/4/2012

Experience: NYC Personal Injury Trial Attorney for 30+ years; Law professor; Arbitrator; Psychotherapist.

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Customer replied 308 days and 16 hours ago.

please close so i can ask some one for more info

Accepted Answer

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Expert:  rvlaw replied 308 days and 16 hours ago.

Please press 3 or 4 or 5 below so that I may get credit for assisting you.
have intended. Please do NOT press 1 or 2 since that will result in a negative rating for me which you may not If you want further information or clarification, just ask before you give a rating


I ask you to be fair in your rating. For instance, in these actual examples , the expert should not have received a negative rating:
a. A customer says "I ALREADY KNEW THAT".....but the expert didn't know what the customer knew or didn't know.
b. A customer wants to hear "YES YOU CAN".....but the certified legal expert says "LEGALLY NO YOU CAN'T".
c. The answer is short, but ACCURATE. A customer simply wants a longer answer.

Lastly, may I say that I have given you a thorough comprehensive explanation of the principles and procedures of a medical malpractice case.

Thank you for reading this and for your consideration. I'm always ready to help further.

rich

Expert TypeAttorney
Category: Personal Injury Law
Pos. Feedback: 97.2 %
Accepts: 458
Answered: 7/4/2012

Experience: NYC Personal Injury Trial Attorney for 30+ years; Law professor; Arbitrator; Psychotherapist.

Ask this Expert a Question >
 
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