Malpractice suit against misdiagnosed congestive heart failure?

My family is considering a malpractice suit against a heart doctor that misdiagnosed my 58 yr old father with acid reflux instead of congestive heart failure. This resulted in his death 3 weeks ago. For two months prior he had been through many heart tests and everything came back fine with no blockages. He had a heart attack at 42 and has been under the care of the same physician since. He kept telling the physician that he had really bad acid reflux and was out of breath a lot. She told him what to get over the counter, and that was that. Nothing helped him. And, after a very hard day at work, he died of congestive heart failure. The acid reflux was actually the buildup of water in his body. My question is, if this happaned to you, would you check into getting compensated for the loss of your father? My mother is very ill also, my dad was her rock. My father's sudden death has shocked our family as well as our entire community.

First of all, my condolences to you and your family. I know first hand how difficult a time you are going through

I'm confused about his prior tests; he went through "many heart tests" and no one picked up on his CHF? What was tested?Was your dad persistant in following up with the doctor when the over-the counter meds didn't work on the supposed acid reflux? Over how long a period of time was this going on? Did he have other symptoms? Did he tell everything to the doctor?

I don't mean to sound offensive, I know doctors do make mistakes, BUT we also have to be responsible for our own care as well. So if, in fact your dad did everything he could have done and the doctor ignored him, then yes, you might have a case, but that still won't bring him back.

Sorry about your Dad. There should have been other signs of the CHF, like swelling in the feet, shortness of breath (like you said). If he avoided making an appointment then it is your Dad's fault. If he tried to make an appointment and the Dr. gave him advice over the phone without an evaluation in person then i think you have a good case. A simple echocardiogram could have detected the CHF.

You may have a very solid case of malpractice but it is very difficult to break the conspiracy between the a insurance industry and the medical industry.

As a physician I strongly believe that physician's should be held accountable for physician negligence but not all bad outcomes warrant a legal suit. Given the circumstances I think that I would begin by having another physician review the medical records and if they feel that there is even a likelihood of negligence I would present the matter to an attorney. I must caution you however that law suits sometimes cause more harm than good especially under such difficult emotional circumstances. My wife died in 1995 of medical malpractice and I chose not to sue as my grief was too great and money would have done nothing to soothe this. I am sorry to hear of your loss.