Legal Question in Medical Malpractice in California

A subpoena comes only after filing a lawsuit. Filing a medical malpractice/wrongful death lawsuit is done only after obtaining an opinion from a medical expert who is prepared to state and testify that there WAS malpractice. You have a bind without easy solution. Neither your opinion nor mine matters, only a doctor's.

However, another issue is that the time limit for filing that suit is "three years after the date of injury [death] OR one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs FIRST." You have or HAD one year from when you first learned or suspected malpractice to file the case. You may have already run out of time. If not, you are soon running out of time to find the expert opinion necessary. You could pay an attorney to file suit, subpoena records and hope to use them to find your expert, but that is risky both legally and financially. Without the records to review, no one can really give you an expert opinion. Please contact me if serious about pursuing this, to discuss your options.

I am sorry to hear about your loss and the suffering your mother endured. I will be happy to help you out by getting your mother's records and reviewing them free of charge. If there is an actionable case, I will represent you on a contingent fee basis, meaning no recovery - no fee.