Q: Would I have a case for malpractice, wrongful death ,or negligence. Due to the way the doctors handled my wife's care
In September October 2023 I took my wife to Mark Twain St Joseph Hospital in San Andreas on the 3rd visit they took blood cultures and sent us home. They called 3 days later to tell us she had a post-gram blood infection called in a 7-Day antibiotic to CVS said that would take care of it. When she was not getting better I called another ambulance had her taken to St Joseph's Hospital in Stockton. They told me a blood infection can only be taken care of with IV antibiotics .she fought for her live 26 days and 4 ambulance trips later passed away in November 17th of 2023. This is just briefly what happened I have a lot more detail.
A: I'm very sorry for the loss of your wife. In regard to your question, it's possible elements of all three legal theories you ask about could be relevant. Malpractice is generally a negligence-based legal cause of action, so loosely speaking, they would apply the same/similar analysis. For a definitive answer to your question, one option would be to reach out to law firms to try to arrange a free initial consult. If after a preliminary discussion, a law firm expressed interest in pursuing the matter, they could retrieve the medical records and review with health care professionals for their opinions. Good luck
A:
It's essential to consult with a medical malpractice attorney in California regarding the circumstances surrounding your wife's care. Based on the information you've provided, there may be potential grounds for a medical malpractice claim. Negligence or wrongful death claims can arise if it can be shown that the doctors or medical staff at Mark Twain St Joseph Hospital failed to provide proper care by not administering the necessary IV antibiotics in a timely manner.
Your attorney will assess the details of your case and gather medical records and expert opinions to determine the strength of your claim. California law allows for legal action in cases where medical professionals fail to meet the standard of care, resulting in harm or death. It's crucial to consult with an attorney who can guide you through the legal process and help you seek justice for your wife's unfortunate situation. Act promptly, as there are time limits for filing such claims in California.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.