Legal Question in Personal Injury in California

wrongful death/medical malpractice

My 30 year old disable daughter was placed in a nursing home facility for a brief respite. I found my daughter deceased when I arrived to take her dinner into her and feed her. She had died from a drink of water the staff had given her. I have been trying for answers and getting some and some not quite answered. The facility hasn't any liability insurance, but the doctor that treated her, also treated her for pnemonia that she didn't have. They gave her medication without my knowledge and never ran tests to be conclusive with his diagnosis. If no insurance with the facility, can the doctor on duty be sued for his actions he took with my daughter, which autopsy proved she didn't have pnemonia...she choked to death on the fluid the staff gave her. I have two names....a woman and her husband that are the defendants in this case...can they be sued personally? Thank you....


Asked on 6/06/08, 11:33 pm

3 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: wrongful death/medical malpractice

I am sorry for your tragedy, and not just because I have a 30 year old son.

See a personal injury lawyer ASAP.

Good luck!

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Answered on 6/17/08, 7:44 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: wrongful death/medical malpractice

Of course they have insurance. You just don't have a lawyer. And I am sorry for your loss.

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Answered on 6/16/08, 9:23 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: wrongful death/medical malpractice

You can and should get a medical malpractice, personal injury attorney to investigate the matter for your. There will be no fee except against recovery. Any recovery against a health care provider is covered by statutory law and the maximum percentage used to calculate a fee is governed by statute and is less than in any other kind of personal injury.wrongful death case.

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Answered on 6/18/08, 9:31 am


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