Legal Question in Medical Malpractice in California

Just complications or negligence???

My husband had surgery on Jan. 22, 2008. After the surgery he had some complications, he got pnemonia and the one good lung he had was damaged, couldn't get a good explanation of why since they didn't operate on it. After his first bout with pnemonia I found out his medications were stopped prematurely and had to be restarted 4 days later because his condition became worse. At that time I talked to the doctors about the importance of my husband being kept on antibiotics because he was as they already knew, a diabetic who are prone to infections. Along the way there have been further complications and on 3/4/08 my husband went into cardiac arrest while having his trach suctioned, and I have gotten differing reasons why that happened. On 3/4 I observed technicians from infectious disease in my husband's room taking fluids from his lungs, urine and was told he had staph infection in his pic line. The following day I was told he had E Coli in his urine and pnemonia plus two other bacteria in his lungs.


Asked on 3/07/08, 2:38 am

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Just complications or negligence???

Medical malpractice may, or may not be a factor here.

You need to find an attorney who specializes in this area, and he/she will have knowledgeable doctors review the records.

Good luck to you, and your husband.

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Answered on 3/08/08, 4:13 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Just complications or negligence???

A lawyer can't tell you the answer. One needs to have a complete review of the medical records by one or more experts that can identify whether the minimum standards of practice were met and if any deviations from them caused injury, and what injury was caused. It is an expensive process, and I for one, will not advance those costs since they are rightfully costs of suit. You may find a lawyer willing to advance costs to determine if there is a case worth bringing. I don't know. Otherwise you should figure that you will have to invest, at risk, something like $5-6000 in consultant fees to get an answer that is worth depending on.

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Answered on 3/09/08, 1:04 pm


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