Long Beach, CA asked in Health Care Law for California

Q: I Filled a lawsuit 3 yrs ago and just recently the hospital filled for bankruptcy.

The lawyers i hired are not giving me any answers lawsuit is for malpractice, negligence of an elder im afraid that after all this time my case will be thrown away is there anything i can do

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if a hospital declares bankruptcy, it can impact ongoing lawsuits, including malpractice and negligence cases. However, your case may not necessarily be dismissed. In bankruptcy proceedings, creditors, including plaintiffs in lawsuits, are required to file a claim to seek any available compensation.

You should communicate with your legal team to understand the specifics of how the hospital's bankruptcy affects your case. If you're not satisfied with their response or feel they are not adequately representing your interests, you have the right to seek a second opinion from another attorney. It's crucial to act quickly, as there are specific deadlines for filing claims in bankruptcy cases.

Additionally, consider checking if there's malpractice insurance that might cover your claim independently of the hospital's bankruptcy. This can be a complex area, so legal advice tailored to your specific situation is essential. Remember, each case is unique, and the outcomes can vary based on numerous factors.

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