Legal Question in Medical Malpractice in California
my grandmother recently passed away and she was in a nursing home, which later to be found is always cited by the state. The doctor visited her at 11 am and by 3pm she was unresponsive. when the family got to the hospital she had passed away from both her lungs filled with fluid and the doctor at hospital said she should have been at the hospital. and that there was no way she could have been seen by doctor that day...so what do we do now.? we know as a family she was ok a few days before and the doctor didnt know she had pneumonia when he checked her at 11? We dont think he did his job..What is this type of case consider malpractice or wrongful death? advise please
3 Answers from Attorneys
You would bring an elder abuse/ nursing home abuse case based on the deficient medical care which led to your grandmother's unfortunate death. Please call me for a consultation
When claiming medical malpractice, your claim must be supported by the opinion of a doctor who is a 'qualified expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning the treatment fell below the acceptable standard of care, and that such negligence caused legally recognized damage or death. Neither your opinion about malpractice, nor mine, is relevant nor '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 if your treating doctors say there is negligence but they won't testify. I can provide referrals and assistance if necessary. 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 you would have proper grounds to bring your legal claims in a lawsuit. Keep in mind that you have only one year maximum from 'notice' or learning of the suspected malpractice to bring suit.
You need an elder abuse attorney. Attorneys at Spektor Law Corporation specialize in helping victims of nursing home injuries and elder abuse. We will answer your questions and help determine if you have a case. Elder abuse is a term referring to any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult. The specificity of laws varies from state to state, but broadly defined, abuse may be: Physical Abuse, Emotional and Psychological Abuse, Neglect, Sexual Abuse and even Financial Abuse. In your case, it seems that either the doctor never saw your grandmother as the nursing home claims or was negligent in examining her. Either way, you need an attorney to review the case and your grandmother's medical records. We've handled numerous elder and nursing home abuse cases. You may contact us at (310) 277-0997.
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