Legal Question in Medical Malpractice in California

Kaiser Negligence

My 78 year old, diabetic mother went to Kaiser Hosp. Told the doctors office she was having a stroke. Receptionist and supervisor said she didn't have an appointment, there were no doctors in the office and could she return the following day. She got an appointment that evening at another Kaiser facility where the doctor told her she wasn't having a stroke. Mom began crying and told the doctor her symptoms again and said she felt she was having a stroke. Doctor did a little foot and hand test and told mom that she wasn't having a stroke. The doctor talked to her about depression and gave her a walker due to the sudden weakness and loss of sensation in her right hand and side. The doctor sent mom home without any suggestions about the nausea, dizziness, weaknesses, etc. Mom was hospitalized 4 days later due to a stroke. She wants Kaiser to accept financial responsiblity for their lack of concern, misdiagnosis (no diagnosis), medical office personnel's lack of response in a medical emergency, etc. Does she have a case and how does she proceed?


Asked on 3/14/05, 5:16 am

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Kaiser Negligence

You may have a case if you obtain a medical opinion that that Kaiser's treatment of your mother fell below the standard of care in the community and that your mother suffered damages therefrom. Call me directly at (619) 222-3504.

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Answered on 3/14/05, 2:23 pm
Terry A. Nelson Nelson & Lawless

Re: Kaiser Negligence

Her problem is in proving malpractice [of course]. To do so requires she have another doctor in that area of medicine, willing to testify that the care was substandard and that she was damaged by it. Without such dr expert opinion, she can't even file the case. She will have to immediately consult with a doctor, have him get her charts and records, test her for stroke damage, and issue a report. Have her get that done, then call me to discuss the results. If she needs a referral to dr, we can provide her names to choose from.

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Answered on 3/14/05, 2:38 pm


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