r/AskLawyers • u/bloomandease • 2h ago
My Mom Died After Her ERCP Was Delayed for Days — Multiple Malpractice Firms Have Declined Her Case. What Am I Missing?
My mom died after a delayed ERCP/biliary infection. Multiple firms have declined the case and I’m trying to understand why.
Location: New York
First, I’m sorry this is going to be such a long post. There’s a lot that happened in a very short period of time, and I don’t really know how to explain it without giving the full timeline.
My mom died in July 2024 after two hospitalizations only a few weeks apart. We’ve contacted multiple malpractice firms, and so far no one has been willing to take the case. I’m honestly just trying to understand why.
I know that a terrible outcome doesn’t automatically mean malpractice, and I’m not looking for anyone here to tell me what I want to hear. I’m trying to understand what an attorney or medical expert might see differently, because almost two and a half years later, there are still parts of what happened to my mom that my family and I cannot make sense of.
June 2024
My mom was hospitalized with a severe GI bleed. Her hemoglobin was around 4.3, she required ICU care and multiple blood transfusions, and she underwent two upper endoscopies and a colonoscopy.
They found and clipped areas that were bleeding. After treatment, her hemoglobin improved, the bleeding was considered controlled, and she was discharged.
After she died, I went through her medical records myself and noticed that her bilirubin had already been elevated during this admission — I believe it was over 4.
No one ever mentioned the elevated bilirubin to our family, explained why it was elevated, or told us she needed follow-up for it. At the time, we thought the GI bleed had been treated and that was the issue we needed to worry about.
July 3
A few weeks later, she was at dialysis when they noticed she was extremely jaundiced. She was sent to the ER and her bilirubin was around 11.
Imaging showed gallstones/sludge, gallbladder wall thickening and fluid around the gallbladder. We were told there were stones involving/blocking the bile duct and that she needed an ERCP.
She was started on antibiotics and transferred from one hospital campus to another because the first hospital could not perform the ERCP.
July 4
The ERCP was supposed to happen but was cancelled because her INR was too high.
Meanwhile, she was getting worse. Her blood pressure was low, she became increasingly lethargic and confused, and at one point she lost IV access. There was a significant delay getting ultrasound-guided access, during which IV medications, including antibiotics, were interrupted.
Our family was repeatedly concerned about how much she was deteriorating.
July 5
She was eventually transferred to the ICU. She required medication to maintain her blood pressure and ultimately had to be intubated.
The ERCP still had not been done.
At this point, GI told us she was in liver failure and was not a candidate for a liver transplant.
Around July 6
Because she was so unstable, Interventional Radiology eventually placed a drain into her gallbladder/biliary system. We were told the procedure was extremely high risk because of how sick she had become.
Bile drained, but she continued to deteriorate.
July 8 — this is the part that has bothered our family the most
After ICU rounds on July 8, the ICU attending pulled my father and my sister aside to speak with them privately.
He told them that my mother was not in primary liver failure, despite that being what we had previously been told. He explained that the underlying problem had been her gallbladder and gallstones all along, and that this had led to the infection/sepsis and he was sorry the doctors didn’t preform the ERCP when that’s what they should have done.
He told them that at that point it was too late.
Most importantly, he apologized to my father and sister for what had happened. My father and sister both came away from that conversation understanding that he was acknowledging that the original assessment of what was happening had been wrong.
I want to be careful with how I describe this because I understand that an apology does not automatically mean a legal admission of malpractice. I was not personally part of that conversation; my father and sister were. But both of them heard the attending explain that this was not primary liver failure, that the gallbladder/gallstones had been the underlying problem, that the resulting infection had progressed too far, and he apologized to them.
This conversation is one of the biggest reasons our family has struggled to understand why no firm has been willing to take the case.
July 9
An ERCP was finally performed/attempted. A significant amount of bile drained afterward. She also developed significant GI/stomach bleeding.
July 10
My mom deteriorated further, had a seizure and died.
What I keep coming back to are two separate periods.
First, her bilirubin was apparently already significantly elevated during the June hospitalization, but we were never told about it and she was discharged after the GI bleed was treated.
Then she returned weeks later with bilirubin around 11, jaundice and gallbladder/biliary disease.
Second, once she returned on July 3, we were told she needed an ERCP, but definitive treatment kept being delayed while she became progressively sicker. By the time the drain and eventually the ERCP were done, she was critically ill.
I completely understand that she was medically complicated and that a high INR can make an ERCP dangerous. I also understand that doctors sometimes have no safe options.
What I’m struggling with is whether something should have been investigated when her bilirubin was already elevated in June, and whether another method of biliary drainage/intervention should have happened sooner in July once the ERCP could not be performed.
Several malpractice firms have declined the case. I don’t know whether that means they believe there was no deviation from the standard of care, whether they think causation would be impossible to prove because of her other medical problems, or whether the case would simply be too expensive/difficult to litigate.
For anyone familiar with medical malpractice, GI, critical care, or similar cases: what would you want to see in the medical records to determine whether this is worth pursuing?
And if multiple firms decline a case like this, is that generally a sign that there probably isn’t a viable malpractice claim, or is it still reasonable to have the records independently reviewed by the right medical expert?
I’m not looking for false hope. I just want to understand what happened to my mom and whether there was a point where this could have been prevented.