Legal Question in Medical Malpractice in California

Re: Medical Malpractice case- continue after death of plaintiff?

Depends when and how the Case was closed. You will have to have a malpractice lawyer look into it. Nicking the intestines during a biopsy is probably an unavoidable risk of the procedure, but failing to diagnose and treat the problem on a timely basis may be the malpractice. If the condition from the surgery caused his fall that resulted in his death, then it is a wrongful death case and arises when his death occurs. His mother would have the right to sue for wrongful death. Presumably, the former attorney had the records reviewed by a surgeon to evaluate treatment. Get the previous file to good med mal lawyer to check out the matter and determine if she has a case worth pursuing. The statute of limitations will expire one year from the date of death. As for the uncle's case, the damages for pain and suffering are lost once he dies, and only the economic damages to the estate survive his death, which may well be too little to pursue.