do i have a malpractice/wrongful death case?
To be perfectly honest with you, Ask-A-Lawyer is not the proper forum for addressing the merits of your potential malpractice case. Only a qualified lawyer who has reviewed all the facts and medical documentation can adequately advise you whether or not you have a valid claim for medical malpractice. You need to contact a qualified lawyer in your area and discuss this with him/her.
You do need to know that you have a limited amount of time to pursue this claim. This is known as the statute of limitations. Under Ohio law, there are two statutes of limitation applicable to your case. One is for your mother’s conscious pain and suffering from the time of the alleged malpractice through the date of her death. The statute of limitations for this is ONE YEAR. The second is the family members claim for damages because of her wrongful death. The statute of limitation for this is TWO YEARS from the date of death. If a lawsuit is not filed within these time frames against all responsible parties, your claim may be time barred and result in no compensation being paid.
There are possibly some exceptions to these time limitations, so you need to contact a qualified attorney so they can properly advise you on the exact date that a lawsuit needs to be filed. And you should do this sooner rather than later.
These cases can take several months to properly evaluate. If you think you have a potential claim, you need to be calling an attorney right now. A month has already passed, so time is of the essence.
Best of luck.