Legal Question in Medical Malpractice in California

My father recently passed away from a massive heart attack. Apparently he had heart disease and was not aware of it. He has been seeing the same doctor for about 20 years and this doctor is well aware of the fact that my father was diabetic and had high blood pressure. As far as we know there were never any tests ran on his heart, not even stress tests that are normally done in a physical. My question is...did this dr. do anything wrong? Would he be at fault in any way? If so, what can we do?

Thank you for your time.


Asked on 11/02/09, 12:38 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

I'm sorry to hear about the loss of your father.

Medical malpractice lawsuits are very difficult, so there are attorneys who concentrate their practices in that area. Generally, they will require that a medical expert review the chart and other medical records before even filing the lawsuit. The expert will have to give a "yes" or "no" as to whether what the doctor did fell below the standard of care. If you are considering seeing a lawyer, you (or the attorney) will first have to gather all of the medical records before you could get any further.

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Answered on 11/07/09, 12:54 pm


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