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

Q: Can I sue what doctor for not following protocol when being diagnosed with sepsis?

My daughter was brought into Kaiser getting really bad shape wearing diapers with two weeks worth of feces she was in really bad shape mentally and physically the reason for being brought in was possible overdose then she was diagnosed with sepsis and instead of transferring her to a hospital that took her insurance they released her without doing any mental evaluations she died in July can I sue the doctors for not following protocol when being diagnosed with sepsis she had a history of not following through with her appointments and they knew that cuz it states it in the medical records. What can I do about it?

3 Lawyer Answers
James L. Arrasmith
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A: In California, if you believe that medical professionals failed to follow standard medical protocols resulting in harm, you may have grounds for a medical malpractice lawsuit. In cases involving sepsis, which is a severe and potentially life-threatening condition, the standard of care requires prompt diagnosis and treatment. If there was a failure to properly treat the condition or a negligent discharge from the facility, this could constitute a breach of the standard of care.

Documenting everything related to your daughter's care is crucial, including obtaining copies of all medical records, notes, and any communications with healthcare providers. This documentation can be critical in establishing what was done or not done by the healthcare professionals involved. A detailed account of her condition, the care provided, and the decisions made regarding her treatment and discharge will be essential.

Consult with an attorney who has experience in medical malpractice cases. They can provide guidance based on the specifics of your situation and the details of California law. An attorney can help assess the merits of your case, advise you on the legal process, and represent your interests in seeking justice for your daughter. It’s important to act within the legal time limits for filing such a case, known as statutes of limitations, so seeking legal advice as soon as possible is advisable.

Tim Akpinar agrees with this answer

A: you should read the suggestions of the lawyers herein, and then call a Med Mal attorney in your area.

let him or her review the evidence and determine if they will accept the case.

if they do they will not ask you for money but will take the case on a contingency.

most med mal lawyers I know will not take a case worth less than $1M.

the statutory limits is $350k plus economic loss of damages and these cases are very costly for a lawyer to bring to court.

Tim Akpinar agrees with this answer

A: I'm very sorry for the loss of your daughter. It's possible you could sue, but the most definitive way to answer your question would be to reach out to med mal/wrongful death law firms to discuss in further detail. Most law firms that practice in this field will offer free initial consults. If attorneys felt there was a basis for a case, they could retrieve the medical records and review with a physician. Good luck

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