Legal Question in Medical Malpractice in California
My grandmother Passed away on the 25th of Oct, We are all in complete shock due to a few reasons. She had care thru Kaiser Permanente and was scheduled to have a surgery on her neck that was putting pressure on her spine slowing crippling her. The doctors at Kaiser Permanente had her setup for the operation 6 months down the line after watching her go from strong to 4 months later having to be walked to the bathroom then completely bed ridden we complained to Kaiser Permanente they moved she surgery up to a 30day window. 3 weeks prior to surgery she had us call an ambulance from migraines to painful to stand that was Oct 5th. They determined on Oct 6th that she needs the surgery which they setup 2 days later. She had a completely "successful operation" and seemed to be recovering in their eyes but she had not woken up or even shows any type of response. They decided to take her of narcotics for the pain so she would respond, still very little of anything finally they ran some test and saw at some point right before surgery or during she had a minor stroke and she had developed aspirations/Pneumonia they began giving her Antibiotics and breathing treatments ... still she was not getting any better but we were assured she was test after test MRI after MRI they saw and found nothing till Fri the 23 of Oct she stopped breathing and went in to pulmonary arrest they worked on her for 15mins and brought her back but after the overnight observation MRI next day half the side of her brain was gone. There are allot more things this hospital did that in my mind were complete blunders and mistakes right down to lack of care I�m angry and feel that she did not receive the proper care she deserved or played for. Any advice would be helpful.
2 Answers from Attorneys
You certainly have my sympathies. But, any claim of medical malpractice and negligence must be supported and corroborated by 'expert' medical witness testimony. Your opinion and mine don't count. Therefore, you need to obtain a full copy of her medical file and charts to have them reviewed by independent expert doctors to see if they are willing to testify that there was malpractice. You should try to question her regular treating physicians who knew her condition, but I don't hold my breath that they will want to talk, since they are in the system that you are alleging was at fault. If it is not too late, an independent autopsy could be done, specifically to look for cause of death and complications consistent with your suspicions, including drug levels, etc. The burden of proof is high, and is on the plaintiff making the claim. These cases are never 'easy' to pursue. If seriously ready, willing and able to do this, feel free to contact me, we can help you arrange for the expert medical review necessary. Standard advice applies, to not talk to anyone about the case except your attorney. There is a one year statute of limitations on this.
My firm has had reasonable success against Kaiser. Why don't you give me a call at 800-816-1529 x. 1 for a free consultation. You can also contact us through our website at www.norman-law.com.
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