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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.
I am sorry to hear of your tragic loss.
As I am a lawyer and not a doctor I cannot know for sure if you have a medical malpractice case or not though it sure sounds like you do.
What you should know is that to succeed in a malpractice claim you have to prove the doctor owed your spouse a duty of care and that either there was negligence or that the care provided was below standards of practice and then you have to prove that you/your spouse suffered damages. The first and third factors are obvious.But to determine whether there was negligence or not you would need to see a medical malpractice lawyer who would need to request the records and then have an expert review them. The expert would be a medical expert.You cannot sue successfully if there was no negligence. Sometimes things go wrong because of the nature of what is happening as nothing is perfect so proving negligence is really the main issue here.Does that help as a starting point?Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.
You are not understanding what I said.
You don't prove negligence. You cannot.
You need a medical expert to prove this.
And the reason you are going to have to see your own lawyer is that lawyer needs to get all the records and provide them to a medical expert that the lawyer trusts who is used to testifying in court in malpractice cases.
Neither you nor I nor any lawyer can know if there was negligence or prove it. That is for a doctor to do.What I am doing is telling you that it sounds that you have a case but we cannot know for sure at this point. It is enough for me to know you should take the next step and consult with a doctor that specializes in medical malpractice cases face to face.
You don't find the doctor. I already explained this. I said your lawyer will have experts who testify in court to retain.I also explained the law and what you should do. You are far ahead of where you were before you posted.
So please now be fair to me and rate me positively so that I can get paid and not end up having spent all this time for free.