Legal Question in Medical Malpractice in California

My mother was sick with cancer her health insurance gave us the option of joining a program called Hospice where RN's would come to our home to tend to her needs so she wouldn't have to be taking her to doctor appointments or to the ER so we did and everything was going fine but the night before she passed away she was having difficulty breathing and was not responsive so we called Hospice four times so they could send someone to care for her because we were getting overwhelmed because we didn't know what to do so after the calls and about seven hours of waiting for them we called 911 they took her to the ER when we arrived there the doctor's and nurses were all confused and did not know what to do since they knew she was in the Hospice program and did not know if she had signed the DNR papers or not so about 20 minutes later they figured everything out they told us there was nothing they could do for her anymore but give her pain medication. What I want to know is if my father can sue Hospice for not doing there job and attending my mother when she most needed them?


Asked on 9/19/11, 1:54 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

The first thing you must do is determine if there was any provable and actionable medical negligence.

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. What may seem obvious to you and I is not necessarily a conclusion an expert will support. 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. If serious about pursuing this, and if this is in SoCal courts, feel free to contact me.

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Answered on 9/19/11, 2:47 pm


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