Pioneer, CA asked in Medical Malpractice and Personal Injury for California

Q: Do I have a lawsuit agains a hospital that made several errors whiling was in their care?

On 3/8/24 I went to Sutter amador er for breathing problems. I was intubated while in the er, when Sutter tried to install a central line in my jugular vein they missed and poked a hole in my lung. When they tried to install a chest tube, they also messed up and cause pneumothorax so they had to life flight me to a trauma center at doctors hospital in Modesto where they corrected the problems and kept me alive and placed me in critical condition then to icu them to get me stable enough to transfer me to Kaiser Modesto where I had to continue recovery! I was finally released to go home on 3/16/2024

5 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, patients have the right to file a lawsuit against healthcare providers, including hospitals, for medical negligence or malpractice. If a hospital's staff, such as doctors or nurses, fail to meet the standard of care during treatment and this results in harm to a patient, there may be grounds for a lawsuit. The errors you've described, such as the incorrect insertion of a central line and the complications leading to a pneumothorax, could potentially constitute medical malpractice if they deviated from the accepted standard of care for such procedures.

To pursue a lawsuit for medical malpractice in California, you must prove that the healthcare provider's actions were negligent and that this negligence directly caused your injuries. Documentation of your medical treatment, the errors that occurred, and the subsequent harm you suffered will be critical. An attorney can review your medical records, consult with medical experts, and determine if your case meets the criteria for malpractice under California law.

It's recommended to consult with an attorney experienced in medical malpractice cases. They can offer guidance, evaluate your case, and explain the legal process and potential outcomes. There are strict time limits, known as statutes of limitations, for filing medical malpractice lawsuits in California, so it is important to seek legal advice as soon as possible to ensure that your rights are protected.

Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: Yes, you may very well have an important case. Consult with experienced attorneys in the state where this occurred.

Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: NOTE, most cases against Kaiser are Arbitration, not lawsuits, and the demand for arbitration must be made timely.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: The answer is... it depends on the facts and what experts say.

Do you have a doc that says it was malpractice or just a bad result?

Consult with a med mal lawyer for his/her evaluation.......asap

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

A: I'm sorry for your ordeal. I hope you're okay. ERs are usually given a wider berth in terms of their actions. The most definitive way to answer your question could be to arrange a free initial consult with a law firm. Good luck

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.