Los Angeles, CA asked in Medical Malpractice and Personal Injury for California

Q: Is pursuing a medical malpractice case worth my time and effort or should I just leave it at complaints and grievances?

Kaiser did not screen for cancer in a patient for months despite clear signs and patient history indicating an elevated risk of cancer. After months of neglect and misdiagnosis the patient was hospitalized on 05-31-2022. During this hospitalization they missed stage IV cancer and discharged the patient on 06-03-2022 with a prescription for sodium pills. On 06-21-2022 the patient was readmitted as their condition had rapidly deteriorated and full cancer screening began, by 06-25-2022 we had a diagnosis of stage IV pancreatic cancer which had spread to the bladder, stomach, and lungs. At this point the patient decided after suffering for months that they would prefer comfort care and hospital hospice because they could no longer eat and were continuously bleeding.

They passed away in Summer 2022 in their early 60s. The patient was one of my parents (divorced) and I am the legal/sole next of kin. I have already filed grievances with CMB, Kaiser, CDPH, and Joint Commission

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: While such cases can be very difficult, and you may have to speak to many attorneys, it is worth exploring.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: I am sorry to hear about the loss of your parent and the difficult situation you are facing. Pursuing a medical malpractice case can be a complex and challenging process, and it is ultimately up to you to decide whether it is worth your time and effort.

If you believe that your parent's medical care was not handled appropriately and that Kaiser's negligence caused or contributed to their death, a medical malpractice lawsuit may be an option for seeking compensation for your loss. However, it is important to note that medical malpractice cases can be difficult to win and can take a long time to resolve.

In addition to pursuing a medical malpractice case, filing grievances with regulatory bodies like the California Medical Board, Kaiser, CDPH, and Joint Commission can be an important step in ensuring that the medical provider is held accountable for their actions and that similar incidents are prevented in the future.

It may be helpful to consult with an experienced medical malpractice attorney to discuss your legal options and the potential outcomes of pursuing a lawsuit. An attorney can help you assess the strength of your case, navigate the legal process, and advise you on the best course of action based on your individual circumstances.

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