Legal Question in Medical Malpractice in California

ok I am not sure how to start but, here goes; My father passed away in march from pancreatic cancer, he had been diagnosed 6 months prior, and at that time he was given 3-6 months to live. so he had pancreatic cancer, was given 3-6 months to live, and passed away 6 months later.

But the night he passed away, I feel that more could have done. I feel mistakes were made by doctors.

The night he passed away he was having a hard time breathing so we decided to call 911. By the time the medics arrived he was gasping for air, I told them his full condition and diagnoses. And they checked him out and loaded him onto a stretcher and loaded him into the ambulance, and my mother and I got into my car and started it and waited for them to leave so we could fallow, after sitting there for 20 minutes I finally got out and asked them why haven't they left, and they said they were taking vitals, and I believe they said they were taking blood. and I asked them, "can't they do that when they arrive at the hospital?" at this time my father is still gasping for air. and they said its "standard procedure". so finally about 25 minutes after they loaded him, they left in route to the hospital. they whole drive there. they drove 25mph, no lights or sirens, and this is at 10pm, no traffic. And this whole time my father is taking his last breaths. Once they arrived, they refused to allow myself or my mother at his side they said "go to the front and sign him in, your not allowed back here" so we signed him in, waited in the emergency waiting room for about 20-25 minutes, and finally my mother was allowed to go back. when she got back with him, they had his bed inclined so that his feet were much higher than his feet, making it even harder to breath. about 10 minutes after my mother was allowed back, I managed to get to my fathers side. And his condition had worsened since we called 911, he was having even a harder time breathing, at that time I called his cancer doctors emergency number to let them know what was happening. because at earlier appointments they said if anything happens to let them know. but when I called the doctor yelled and me " if they need me they'll call me" and hung up on me. and my father at this time is still having a very hard time breathing, they had given him a breathing treatment, which was not helping at all. and they had left the room, I guess assuming the breathing treatment is helping, so I went and asked for help. I told them" please help, he can't breath" they came in, checked his oxygen, told him to keep doing the breathing treatment, and he said he cant, and he said he cant breath. and they left the room again. a few more minutes passed, and he was just gasping for air, I could see the fear and panic in his eyes from not being able to breath. so I went out and asked for help again. "please help my dad, call a doctor, something please, he cant breath!!" a few minutes later a doctor walked in, and checked his oxygen level, and told the nurse to give him a shot of something. I asked the doctor "isn't there anything you can do to help him breath better?" and the doctor got right in my face and yelled at me "he has cancer, what do you want me to do!?!?" at that time I was in shock, no one had ever yelled at me like that before, and I was very upset. being under so much stress from my father being so ill, and the doctor yelling at me, I decided to go sit in my car. at this time my father was still gasping for air, with a panicked look on his face, from lack of oxygen. I told him "dad I am going outside for a few minutes, and I'll be back. I love you." and I squeezed his big toe. and through the gasping for air he looked at me coherently, with love and understanding and said "ok, I love you Justin" and I walked away, went outside and got in my car. as soon as I got to my car, I broke down and cried for about 10-15 minutes. then I got out my cell phone and started trying to contact my sister, to let her know what's going on. but she wasn't answering. so I repeatedly tried to contact her, about 20 minutes later, I am still sitting in my car, and I see this nurse in the parking lot, she looked confused, like she was looking for someone. the first thing I thought was, oh god she must be looking for me, but then I thought, no. Finally she made eye contact with me and walked over to my car window, and said "are you Justin?". I said "yes why?" and she said "you need to come inside" so I got out and started walking with her. starting to worry. I asked her "what's going on, is he ok?" and she wouldn't respond, and I asked again "what's wrong?" and at this time we have just made it pass the front desk at emergency. and finally she said " he has taken a turn for the worse" and I said "what does that mean, is he dead?" and she would not look at me, and did not answer, by that time I could hear my mother screaming. He had passed away about 10 minutes before I got back in there. by the time I was back, it was too late. my mother said my dad was sitting up gasping for air and the nurse came in and gave him the shot that the doctor ordered, I think the drug was 'ativan'. my mom said about a minute after he got the shot, he was sitting up, and his eyes rolled in the back of his head and he fell back, and at that time they called code blue. I believe its called, meaning the patients heart has stop and they aren't breathing. the doctor ran in, and looked at the oxygen level and said "I said three times this amount" meaning the nurse hadn't given him enough oxygen. they started pumping on his chest trying to get him to breath, and they were asking my mother if she wants him on life support? and my father had stated when he learned he was terminally ill, that he did not want to be revived or put on life support, so my mom told them no, and that was it, he was gone forever.

I feel a lot of mistakes were made that night, I feel they could have used lights and sirens and driven faster, considering within a couple hours he would be dead. I feel the doctor working that night should have never yelled at me, like that, when my father is dying, within a few weeks of my fathers death, I started having nightmares, even when I am awake all I can't hear in my head is that doctor yelling at me. I am afraid of doctors now. everyday of my life now, I am haunted by the screams of that doctor. I began taking xanix since the incident, it helps some, but I still can't get it out of my head. I am emotionally scarred. I feel they made a mistake with his oxygen level, I feel they should have contacted his cancer doctor or a specialist, I fear the shot may have killed him. the shot, and a mixture of everything else that went wrong. I honestly don't know if anything could have been done differently to save him. But I feel I was treated wrong, so wrong that I have to be medicated now. I feel that mistakes were made with the care of my Father.

Do you think I have merit to contact a lawyer?

(sorry for the long detailed sorry, but i felt it was necessary)


Asked on 8/01/09, 1:34 am

2 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Contact a personal injury lawyer and tell them the whole story.

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Answered on 8/01/09, 4:19 pm
Terry A. Nelson Nelson & Lawless

Without even reading all your facts, I can tell you that before you can consider filing a 'malpractice' case, which is what you are describing, you must obtain a medical expert prepared to testify that there was malpractice in his treatment, and that it caused harm or death that otherwise wouldn't have occurred. Your opinion, and mine, are irrelevant except for sympathy purposes. Yes, delay in transport and treatment sounds bad, but if he was at final stages of death, then your expert will have to explain how different treatment would have made any substantial difference in outcome. You have the burden of proof, and it is high. But, If you think you can get that testimony, feel free to contact me to discuss.

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Answered on 8/03/09, 1:27 pm


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