Valley Springs, CA asked in Wrongful Death, Medical Malpractice and Personal Injury for California

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.

2 Lawyer Answers
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: 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.

Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

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

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