Legal Question in Medical Malpractice in California

My husband was told he needed a quad bypass and the surgeon wanted to do it within 13 days, his receptionist said he had to have insurance approval first and it would take a week, the papers were lost, the insurance..medical..wouldn't take a fax or ID # over the phone, so it took almost a full month to get insurance approval, then he had to be off his blood thinners for 5-10 days, in the mean time he suffered a massive heart attack and died Nov 10th, can I do anything about this? Would love to stop it from happening to another person needed serious medical treatment


Asked on 11/29/10, 3:18 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

While it is certainly a terrible tragedy for you, it would be a tough argument for 'medical malpractice'. If it was the doctor's office that lost the paperwork, you have an 'argument' for general negligence if you can show that it was their actual fault and that their conduct fell below an acceptable standard of care. Tough one. If it was the insurance company that lost the paperwork, even much less of an argument. for 'negligence' and foreseeable causation.

On the basis that any such legal claim would be vigorously defended all the way through trial, and frequently not settled, you are likely to have a hard time finding any attorney willing to take this case. Feel free to contact me via email with an actual detailed statement of what the provable facts are, and I'll provide you a better informed opinion.

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Answered on 12/05/10, 2:38 pm


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