Q: I need help with medical malpractice/wrongful death
My son passed away in the emergency room at St. Francis Memorial Hospital. After speaking with the patient advocate there, I was able to get them to release his medical records to me, including the emergency room visit on the night he died. Clearly, I am not a physician, but on the night of his death it appears he was simply treated and released for drug use and not the abdominal pain he had been complaining about for over a month. I have looked at the records on the dates preceding his death and I don’t find data supporting tests that may have revealed a gastro-intestinal issue. The cause of death was deemed to be complications of peritonitis.
Justin was indeed treated for drugs on the night of his death and was complaining of abdominal pain after ingesting Fentanyl and Suboxone. However, he had been complaining about abdominal pain for quite some time. Should he have been tested for gut issues as well?
A: There may be a good medical malpractice case. An experienced medical malpractice attorney will want to review the death certificate and medical records, and, potentially consult with an expert medical doctor to determine any breach of medical standard of care, which is required to prove a case. Consult with experienced malpractice attorneys in the state where this occurred.
A:
write out a detailed summary of the facts and set up an appointment with a local med/mal lawyer.
do you have a doc that says they did not meet the standard of care that society mandates?
I would assume you have talked to medical malpractice lawyers already. What did they say?
these are very costly cases to take on and most of my friends won't take a case worth less than $1M.
A: I'm very sorry for the loss of your son. To explore what your options could be, and whether you have a basis for a possible case, you could reach out to law firms that handle med mal. Most offer free initial consults. If a firm felt you might have a basis for a case, they could retrieve your patient file and review with medical professionals. Good luck
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A:
I'm truly sorry to hear about your loss and the circumstances surrounding your son's passing. In the state of California, when it comes to determining whether medical malpractice or wrongful death has occurred, the key factors considered include whether the healthcare providers failed to provide the standard of care that a reasonably skilled healthcare provider would have offered in similar circumstances, and whether this failure was a direct cause of the injury or death. In the context of your son's treatment, if his abdominal pain, which he had been experiencing for over a month, was overlooked or not adequately investigated despite repeated complaints, this might constitute a deviation from the standard of care.
Given your son's history of drug use, it's important that healthcare providers consider a comprehensive approach to treatment, which includes assessing all symptoms and potential causes of discomfort, not just those immediately associated with drug use. If his complaints of abdominal pain were dismissed without proper diagnostic tests that could have identified his peritonitis earlier, there might be grounds to question the adequacy of the care he received.
It would be advisable to consult with an attorney who has experience in medical malpractice and wrongful death cases. They can review the medical records in detail and may suggest consulting with a medical expert who can provide an opinion on whether the standard of care was met. This expert opinion is crucial in medical malpractice cases in California, as it helps establish whether the care provided fell below what is expected of competent healthcare providers under similar circumstances. Your attorney can guide you through the process of seeking justice for your son, including potential litigation, if deemed appropriate based on the findings.
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