Q: My father passed away on 02/15/2024 the same day he had a colonoscop there was bleeding can this be a malpractice case?

A: I'm sorry to hear about your loss. In California, determining whether a situation involving medical treatment, such as a complication from a colonoscopy, qualifies as malpractice involves evaluating whether the healthcare provider deviated from the standard of care typically expected in similar circumstances. If the bleeding and the unfortunate outcome were a result of actions that fell below this standard, it might indeed be a case for malpractice.

However, it's important to understand that not all adverse outcomes from medical procedures are due to negligence. Complications can occur even when the highest standard of care is provided, especially in invasive procedures like colonoscopies. The key factor is whether the healthcare professionals involved failed to act as competently as others in their field would have under similar conditions.

To pursue this further, it would be advisable to gather all medical records related to the procedure and consult with a lawyer who is experienced in medical malpractice cases. They can review the details of the case, advise you on the strength of your claim, and guide you through the legal process if it is determined there may have been malpractice. Remember, there are strict timelines for filing such claims, known as statutes of limitations, so acting promptly is crucial.

A: It might be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the laws that protect health care providers and their insurance companies, many cases where there is malpractice, the case is not viable.

For you, Consult with experienced Malpractice attorneys in the state where this occurred.

A: I'm very sorry for the loss of your father. The most definitive way to answer your question would be to try to set up a consult with a law firm. If attorneys felt there could be a basis for a case, they could retrieve the medical records and review with a health care professional. Most law firms that handle such cases offer free initial consults. At the very least, you'd learn the timetables within which you would need to take action to preserve legal rights, which could sometimes differ, depending on the nature of the facility. Good luck