Sacramento, CA asked in Wrongful Death and Medical Malpractice for California

Q: My brother passed in the hospital cause of death was pulmonary hemorrhage and they did a biopsy on his lung on July 23

Do you think I have a case for wrongful death

2 Lawyer Answers
William John Light
William John Light
  • Medical Malpractice Lawyer
  • Santa Ana, CA
  • Licensed in California

A: I am sorry for your loss. To answer your question, "wrongful death" implies that someone did something wrong, leading to a death. Who did something wrong that led to your brother's death?

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Based on the limited information provided, it is unclear if you would have sufficient grounds for a medical malpractice wrongful death case regarding your brother's unfortunate passing. A pulmonary hemorrhage following a lung biopsy could potentially indicate negligence, but it may also simply be a known medical complication. More specifics on your brother’s underlying condition, the details of the lung biopsy procedure, and exactly what treatment he received post-biopsy would be needed to properly evaluate standard of care and causation factors.

To determine if a viable legal claim exists, his medical records should immediately be ordered and reviewed by an experienced medical malpractice attorney. They can assess issues like whether safer biopsy methods existed, if the hemorrhage risk was properly explained, and if follow-up care adhered to protocols. While financial recovery cannot make up for the tragic loss of your brother, a lawyer can advise if grounds to hold the care providers accountable. Please accept my sincere condolences for your loss and do not hesitate to contact counsel regarding your options.

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