When people sustain injuries or develop illnesses, professional medical attention may be the only way to recover. An accurate diagnosis, followed by appropriate treatment, can help people address their medical challenges and move on with their lives.
Unfortunately, even routine medical procedures can go wrong unexpectedly. Families waiting for a loved one to come out of surgery or get released from the hospital may receive the last call anyone wants. They may learn that their loved one passed away, and they may have serious questions about what occurred.
Especially when the prognosis for the patient was positive and there is no clear explanation for what caused their decline, surviving family members may begin to question whether medical malpractice occurred. They could potentially have grounds to take legal action against individual medical professionals or the hospital where the malpractice occurred.
How can families investigate a tragedy that occurs in a medical facility?
Investigations begin with records
The first step when trying to determine what caused an unexpected, negative medical outcome is to review the detailed records of the patient’s care. The Health Insurance Portability and Accountability Act (HIPAA) extends the right for patients to obtain copies of their medical records. HIPAA also creates strict privacy standards to protect private medical information. Those protections generally remain in place for 50 years after a person dies.
However, there are two potential exceptions to the rules preventing access to medical records. If the decedent had paperwork in place allowing a spouse, child or other trusted individual to access their medical records, health care providers may honor that document despite the death of the person who signed the paperwork.
Once the courts approve the appointment of a personal representative to administer the estate of the decedent, that personal representative has the right to access medical records. They can obtain copies of all documents to begin looking into the situation.
The support of a lawyer is likely necessary
Medical malpractice lawsuits are complicated. Even the investigation process may require the insight of a legal professional who understands the law and a medical professional who can determine if errors or deviations from best practices occurred.
In addition to reviewing medical records, investigations into unexpected deaths in medical facilities may also require conversations with others present at the facility, including a patient who occupied the same room or an adjacent room and employees who may have provided care or witnessed the care administered to the patient.
The support of a legal professional can be of the utmost importance for those seeking answers when someone unexpectedly dies while in a medical facility. Filing a wrongful death lawsuit is sometimes possible when medical malpractice leads to premature mortality.