How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Seattle Scott Your Own Question
Seattle Scott
Seattle Scott, Attorney
Category: Personal Injury Law
Satisfied Customers: 961
Experience:  I have 25 years experience as a Washington State Personal Injury Attorney
Type Your Personal Injury Law Question Here...
Seattle Scott is online now
A new question is answered every 9 seconds

My father died as the result of bad practice in a local

Customer Question

My father died as the result of bad practice in a local Heart Hospital last year 9/7. I requested a copy of the record and was given over 1000 pages of printed confusing data and an encrypted disk. The surgery was to remove a rectal tumor 1.5" inside,
the size of a pea. He was not operated on by the physician of record but an intern that my father saw and heard ask on his cell phone during surgery... "ok what do I do next"? He then lay unattended by any Dr. for 10 hrs before being rushed in to find (2)
cuts of his aeorta and needing 8 pints of blood! My lawyer just told me that they could not represent me due to work overload. They were retained late March, mailed my documents to an old address (many originals) and never even called to let me know! And now
walked at the 11th hour as it were... what's my best move to avoid missing my statue of limitation's filing deadline?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Seattle Scott replied 1 year ago.

The best move is to hire a lawyer on a hourly basis to prepare the lawsuit complaint to be filed and served with you as a pro se ( an unrepresented party). Once that is done, you will have more time to shop around for a lawyer to take on the case. Usually, you need to be appointed the executor of your father's estate before you can sue for his wrongful death.

As an aside, when a contingent fee personal injury lawyer investigates a claim and then says overworked and can't continue the representation without referring you to a lawyer that will take over the case, that really means the lawyer thinks the case is "not good" and unlikely that liability (fault) can be proved.

The first step in a medical malpractice case, once all the medical records are obtained, is to send all the records to another doctor to render an opinion as to whether there was negligence. You can't win, or even get a settlement, without an "expert" opinion as to medical negligence.

Customer: replied 1 year ago.
Is the utterance (and written while ventilated) admissable? My father was awake during the first operation and with fear in his eyes told me someone else, on a cell phone during surgery) operated on him. Can I subpoena the Dr.'s cell phone records?
Customer: replied 1 year ago.
isn't it illegal to sign the Operative Report if you were not the Dr. Maybe that's why he refused to sign the death certificate?
Customer: replied 1 year ago.
He layed unattended post op. by any Dr. (nurses were holding him down: convulsions) for 10 hours. As soon as the physicin came in back to surgery (1am) 8 liters of blood... orgon failure or at the very least severe damage. lactic acid showed over 10X normal rate
Customer: replied 1 year ago.
how do I find a Physician willing to look at the documents and write a decision
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Seattle Scott replied 1 year ago.

What your father said is inadmissible hearsay, but once you file suit you could subpoena the cell phone records.

I think any attending doctor that was present during surgery can sign the post op report.

I can't answer regarding his post op care - I am not a doctor.

Do a search for expert medical witnesses - medical records review, but my guess is that no doctor will get involved unless there is a lawyer making the request. You don't need a medical expert in your area, anyone in the country will be fine.