Legal Question in Medical Malpractice in California

If my family member was hospitalized with a stroke and on their way to rehabilitation, then a nurse inserted a foley catheter into their bladder without using sterile technique, and feces entered therein, resulting in their death from 1.Bladder infection 2.Septicemia would that be a case for a wrongful death lawsuit?


Asked on 2/04/10, 12:18 pm

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Yes, absolutely. Please contact my office for a free consultation.

Best,

Daniel Bakondi, Esq. [email protected] 415-450-0424

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Answered on 2/09/10, 12:32 pm
Terry A. Nelson Nelson & Lawless

Yes, if you can prove what you say. Please contact me to discuss the situation.

Since you are claiming medical 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], value [substantial provable damages] and collectability [defendant with substantial assets or insurance], then please contact me to discuss the merits and value of your claims. Keep in mind that you have only one year maximum from 'notice' or learning of the malpractice damage to bring suit. Date of death in your case would trigger the time limit starting. 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 2/09/10, 4:00 pm


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