Legal Question in Medical Malpractice in California

My 17 yr old son was hospitalized from Feb. 19th 2010 until Feb. 27th 2010 at Tri City Hospital. He went in with severe stomach pain and extreme vomiting. He underwent many different types of tests..they told him he needed an endoscopy, but he was too young for them to do it. They said they had tried to transfer him to Radys Childrens Hosp. but they refused him. Then they told us that Childrens didn't have any beds avail. In the mean time my son suffered tremendously..he hadn't eatten one bite of food this entire time. They also gave him Reglan which has a potential to cause a very serious side effect. I asked not to give it to him anymore..and they did anyway. They also attempted to give it to him at least 4 other times but I stopped them in time. He also told my son without me being present that he had Crohn's Disease, which was later just kinda laughed off by them. He had severe stomach acid and was brought cranberry juice...and pieces of pineapple. Finally, a girlfriend of mine who is a nurse elsewhere came to visit him, and couldn't believe the care. She immediately called Childrens from her own phone and had an ambulance transport him there within hours. Needless to say 2 days later he had the endoscopy and they were able to stabilize him and he was allowed to go home.

I trusted the doctors to make the correct choices, after all who am I to question a doctor...They lied to me and to my son...and I want to know is there something that I can do about it.


Asked on 3/06/10, 11:28 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If you are claiming malpractice, your claim must be supported by the opinion of a doctor who is an 'expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning your treatment fell below the acceptable standard of care and caused the damage or death. Neither your opinion about malpractice, nor mine, is relevant or 'proof' of malpractice. You are not supposed to file suit without having that expert opinion available. Consult with your other treating doctor[s] to see if they are willing to provide that opinion and testimony, or you can contact independent experts for that purpose. I can provide referrals and assistance if necessary. Then, if you obtain such an expert's testimony, and if you determine that you have a case with MERIT [provable malpractice and a likelihood of winning], and VALUE [substantial provable damages], then you would have proper grounds to bring your legal claims in a lawsuit. Keep in mind that you have only one year maximum from 'notice' or learning of the malpractice to bring suit. That can be extended for up to 90 days by timely sending them a 'notice of intent to sue' before the year runs out.

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Answered on 3/12/10, 5:47 pm


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