Legal Question in Medical Malpractice in California

1996 48 hour discharge law(drive-thru deliveries)

My wife gave birth to my sone last

year. We were forced to leave

before the 48 hours she is given

by law for first time births. She

does not speak English. She was

not given a translator. She was

not given a lactation specialist or

social worker, common protocol.

My son developed a staph

infection.

I tried to settle the matter legally,

the hospital refused. I have now

filed suit against the hospital and

security company. We are going to

small claims in a few days. I have

not Doctor coming, do have expert

medical opinion from on line.

Please advise me on how to win

my case. What are the chances?

thanks


Asked on 3/22/07, 12:52 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: 1996 48 hour discharge law(drive-thru deliveries)

Your chances are zero unless you have a doctor come in and testify in person. I hope the reason you are in Small Claims court is because you consulted several attorneys without success. If not, shame on you. If you have any case at all, this would be bigger than small claims court. See a lawyer in person immediately, if you lose in small claims court it will be too late.

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Answered on 3/22/07, 4:35 pm


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