Legal Question in Medical Malpractice in California
Is there a way to find out if a case has been filed? Do malpractice attorneys search for living dependents or do they take the word of the one filing it? My older brother has all the papers and a case was filed for my mother dieing on the operating table in Banning California in April 2008. The state stepped in and there was probable cause to file, yet my older brother wouldn't say much and he had all the paperwork and information. Brother and I do not talk anymore so I was wondering if I could find out if he continued on with the case. I now live in Carson City NV, so I am entering my zip code. Thank you for your help. Debra
2 Answers from Attorneys
You and try to find the answer online. I cannot remember if Banning is in San Bernardino or Riverside County. Both counties have a website that allow you to do a search for cases by name. You do a Google search for the website: San Bernardino County Superior Court; Riverside County Superior Court; with both websites you can do a case search by name; you can put in the name of your brother, the name of your mother, etc. and do the search. I think Banning is San Bernardino County but you can do a Google search on that too.
I again looked at your question. Regarding living dependents or heirs, in a wrongful death case all of the potential heirs to the decedent (your mother) are supposed to be included in the lawsuit. The Defendant usually does investigation on this to make sure that everyone is included so that if that the case can be definitively resolved one way or another, whether by settlement, judgment and or dismissal. The attorney filing the case may take the word of your brother that there are no other heirs but the defense will definitely ask and take a look to see that everyone is included in the lawsuit.
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