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

Q: My mother died at a kaiser hospital in Los Angeles, ca on June 29th 2023. how can i sue them for medical malpractice

her death certificate said she died from a heart attack. i believe it was caused due to poor follow-up care after surgery

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: I'm sorry to hear about your loss. In California, if you believe your mother's death was due to medical malpractice, the first step is to consult with an attorney experienced in medical malpractice claims. They can help you understand the complexities of medical malpractice law and determine whether you have a viable case. Medical malpractice involves proving that the healthcare provider deviated from the standard of care in the medical community, leading to harm or death.

Gathering medical records, including surgery records and follow-up care documentation, is crucial. An experienced attorney will typically work with medical experts to review these records and ascertain if there was a failure to provide the appropriate standard of care. This process is essential to establish a direct link between the alleged malpractice and the heart attack that led to your mother's death.

Should there be sufficient evidence of malpractice, your attorney will guide you through the process of filing a lawsuit. In California, you must file a medical malpractice claim within one year after you discover, or should have discovered, the injury, or three years from the date of injury, whichever comes first. Keep in mind that navigating the legal system can be challenging, so having professional guidance is key to pursuing justice for your mother.

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

A: I'm very sorry for the loss of your mother. It sounds like it would be a difficult case. But one way to explore your suspicions and address the matter more definitively would be to try to arrange a free initial consult with a law firm to discuss in greater detail. Good luck

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