Legal Question in Medical Malpractice in California

My sister died in March 2008 in SF CA. She and her room mate, by a prominent Dr. were prescribed unbelievable amounts and dosages of Oxycontin among other "break through pain" medications. On a monthly basis. When I went to her apartment after she died, I found 2 prescriptions each prescribed by the same Dr on the same day to each of the girls. My sister had just had two surgeries from a fall on the stairs in her apartment building. The other one said she had pain in her hand. When she died, the Doctor called my Mother. My mother asked why she gave the girls all of that medication, she just said "well, she said she was in pain" but when she asked her what proof she had that my sister NEEDED 80 mgs of Oxycontin among other pain medications, she had no answer.

I now have medical records that clearly show that my sister had been seeking more medication in between by other Doctors there, many of the Doctors in the same practice continued to write more for them, but at one point someone stated that they had e mailed the doctor, just before she had written the last two prescriptions, to alert the Doctor that they felt she should only be getting these powerful addictive medications from only one Doctor. Again, after that, she obviously continued to provide these medications to these girls.

There are loads of documents I pulled from my sister's apartment, and more from medical records.

Now I've located this Doctor at a cutting edge facility in NY. There are many more details to this situation, but just off of the top, is there a possible case against this doctor? I know they all take care of their own. There is something really scary about a Doctor who is supposed to be such a humanitarian and having such recognition providing these kinds of medications to anyone much less 2 girls living in the same house. The reason for the room mate getting the medication is very sketchy too.

I know you would require plenty more information and heaven knows I have it. But what can I do? If it's not medical malpractice- what is it exactly?? I live on the opposite coastline. I'm assuming I need this information from where this had taken place. If not, I need to know that as well.


Asked on 2/03/10, 11:48 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If what you are asking is if you can file a wrongful death suit based on medical malpractice, then :

1. You must have standing to sue. You 'may' have, as a sister, along with other heirs.

2. The time for the filing such suit is one year after you discover the malpractice, up to no later than max three years after the date of injury/death. You already admit that you and others suspected or accused him of it two years ago; that is notice. Based upon that, I believe you are too late to file.

3. Your claim MUST be supported by the opinion of a doctor who is an 'expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning your treatment fell below the acceptable standard of care. Neither your opinion about malpractice, nor mine, is relevant or 'proof' of malpractice. You can not file suit with that expert opinion available. Consult with other treating doctor[s] to see if they are willing to provide that opinion and testimony, or contact independent experts for that purpose. Then, 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], you may have a case worth filing.

IF you meet all the above requirements, then feel free to contact me to discuss the merits and value of your claims.

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Answered on 2/08/10, 5:13 pm


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