Legal Question in Medical Malpractice in California

Are they responsible for her death?

My mom was receiving chemo. It was given to her when she had a known infection. The next day the dr. called and said she did have an infection. She died 2 days later. On the day she died, the dr. called me to say the chemo was not working and would never work b/c she had already received radiation in that area years ago. I'm sure she knew this the day my mother was given chemo when she was already sick. The dr. had not told my mother previously that the chemo would never work. She was also scheduled for brain radiation to treat a brain tumor. When we had an autopsy done, the dr. found no brain tumor. Prior to her death, her b/p dropped to 98/25. when I commented, the nurse told me not to pay attn. b/c the machine was not accurate. The autopsy showed she died of a possible heart attack. She was attached to no monitor b/c she signed a no heroics form that morning, even though when I arrived she was not totally coherent. Do we have a case? I am very angry with these drs. and the treatment she was given.


Asked on 11/18/05, 11:40 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Are they responsible for her death?

To determine if there is a case of malpractice, you will need to obtain the complete charts and files from the doctors and hospital, the autopsy reports, and everything else you can, so that they can be reviewed by your attorney and by independent doctor/experts. PRoperly done witness statements will also be needed. Malpractice is the most difficult case to prove, it is vigorously fought. If you are serious about pursuing it, contact me to discuss the factual, legal, and financial issues at stake.

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Answered on 11/22/05, 12:31 pm


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