Legal Question in Health Care Law in California

Re: Possible Malpractice in Hospital

I assume from your posting that your dad died. I'm sorry. Strokes are tough. If it was an ischemic stroke, i.e. blockage of an artery causing lack of blood to the brain, there is only a three hour window from the onset of symptoms to intervene with TPA, a thromboembolitic drug. If it was a hemorraghic stroke, i.e. bleeding in the brain, TPA would have been counter indicated and perhaps timely surgical intervention could have prevented his death.

In California, a wrongful death case belongs to the wife and children of the decedent. If you want to investigate the matter you should allow an experience malpractice attorney evaluate the case for you. Assuming your dad died of malpractice, you have no chance of recovery without an experienced attorney, fees are on a contingency basis only, and only such an attorney will be able to evaluate competently the risk/reward/expense consideration necessary to consider to make a rational decision.

Re: Possible Malpractice in Hospital

With all due respect to Mr. Roth, I disagree that the wrongfull death action belongs to the wife only. Children of the deceased can file their own action. Please see the relevant portion of the law which I pasted below:

CCP 377.60. A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent's personal representative on

their behalf:

(a) The decedent's surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.

As for the statute of limitations against a health care professional, it is more complicated. However, the safest way is assume ONE year. Under certain circumstances it will be as long as three years. I have pasted the statute below, which I suggest you to read.

CCP 340.5. In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following: (1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the

injured person.

Sorry for your loss and I wish you all the best.