Legal Question in Medical Malpractice in California

failure to perform cpr

when my husband was sick in the hospitol,he let one of the doctors know he wanted to be resuscitated, he was not resuscitated and passed away, another Doctor states to me he's sorry for the lack of communication, my only request was that he not be put on life support. Is the hospitol liable?


Asked on 7/03/09, 11:06 am

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: failure to perform cpr

Please let me know his exact request and to whom it was communicated and how. Was it written anywhere?

Best,

Daniel Bakondi, Esq.

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Answered on 7/06/09, 8:16 pm
Terry A. Nelson Nelson & Lawless

Re: failure to perform cpr

If you said 'no life support' or emergency measures, then they were not far off in declining to resuscitate. In order to have a 'valid' case, you would need to prove they knew and substantially violated his wishes, that the violation resulted in death or harm that otherwise would not have occurred, and that their actions were medically negligent. If resuscitation would not have changed the outcome, then they have a defense. The only way you can prove different is if you have the testimony of a medical expert in that field, saying they committed negligence and malpractice in this instance. IF you think you can get to there, feel free to contact me to discuss your rights and remedies.

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Answered on 7/07/09, 2:33 pm


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