Legal Question in Medical Malpractice in California

nursing home abuse/medical malpractice

I recently posted a question and received a few answers..thank you..my posting was on my daughter passing away in a nursing home, after the staff gave her a drink of water, and she aspirated and choked to death. My daughter was disabled due to a car accident when she was 15 months old. The nursing home incident, she was 30 years old, and I placed her for a 72 hr. respite. This nursing home incident took place July of 2004, I had an attorney, I terminated him for personal reasons, and was told the facility hadn't any insurance. The doctor on for the week end, treated her for pnemonia, which autopsy proved different. My question again, is medical malpractice practical for this case, though I filed for the negligence and abuse, in August of 2004. I've been told ''Discovery'' would have to be filed or something to this matter. Is there a statue on medical malpractice even though I filed a lawsuit with the facility..but not on medical malpractice. Could someone please explain if I can sue the doctor on call, though it's been 4 years. I have proof of evidence, with the facility being charged with 5 charges, stemming from fraud, comsumer legal remedy act, dependant adult abuse, negligence and neglect. Please help me..thank you...


Asked on 6/18/08, 10:19 pm

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: nursing home abuse/medical malpractice

Two years from the date of discovery.

Everything other than negligence requires :intent:

You are welcome.

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Answered on 6/19/08, 2:51 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: nursing home abuse/medical malpractice

You may be able to overcome the statute of limitations issue if you can add the doctor as a Doe defendant. But, before you do you have to have a doctor willing to testify. Unless the doctor that treated your daughter somehow caused her to aspirate and die, it seems that you will not have a case because a case requires both proof of negligence and causation.

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Answered on 6/21/08, 5:11 pm


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