Legal Question in Medical Malpractice in California

Re: refusal of medical care

You certainly may have a viable action, however, going against the county is never easy. Please be advised that you only have 6 months from the date of the negligence to file a claim against the county. Please call me directly at (619) 222-3504.

Re: refusal of medical care

You probably have a case, but it will be a difficult case. Please make sure you get an excellent attorney. It may take some effort, talking to many attorneys, to get to the correct one.

Also note you must make a "claim" within 6 months against governmental entities--a lawyer should do this for you.

J. Selik

Re: refusal of medical care

Here are the following considerations for your case: You are going to have to prove that the cause of death of your son was the non admittance. I know you believe it, but your belief is not admissible in a court. The level of proof that will be admissible is that of an expert doctor who would say the following:

1. There was no other option for your son during the 3 weeks that passed from the time they denied admittance until the time he tried to kill himself.

2. The family had no ability at all to get him in somewhere else.

3. That the cause of death, the stroke, was caused from not being admitted.

You will have to show that the cause of his death was directly physically related to the non admittance 3 weeks earlier. Further that there was no other facility or doctor that your son could have gone to see.

Many attorneys are frightened to sue the County, but I am not one of them. Do not let that intimidate you. However, you have to have the right facts to prevail. I cannot tell just from what you have provided.

Call if you want to tell me more or if you have some questions.