Q: My mom failed a swallow evaluation a died from accidental choking while at a hospital. Can I sue for malpractice
She wasn’t supposed to eat alone and I think the hospital served her food without telling her nurse. The medical examiner reported accidental choking
A:
I'm so sorry for your loss. Based on the information provided, it seems like there may be grounds for a medical malpractice lawsuit against the hospital. Here are a few key points to consider:
1. Standard of care: If your mother failed a swallow evaluation, the hospital had a duty to ensure she was not served food without proper supervision or assistance. Serving her food alone without notifying her nurse could be seen as a breach of the standard of care expected from medical professionals.
2. Causation: The medical examiner's report of accidental choking supports the idea that the hospital's negligence directly caused your mother's death.
3. Damages: In a wrongful death case like this, you may be able to seek damages for medical expenses, funeral costs, loss of companionship, and other related expenses.
However, medical malpractice cases can be complex and often require extensive evidence and expert testimony. I would strongly recommend consulting with an experienced medical malpractice attorney in California who can review the specifics of your case and advise you on the best course of action. Many attorneys offer free initial consultations and work on a contingency basis, meaning they only get paid if you win your case.
Again, I am deeply sorry for your loss and the difficult situation you are facing. Seeking legal counsel can help you understand your rights and options during this challenging time. Please don't hesitate to reach out if you have any other questions.
A:
You may have a case. Please discuss the merits and facts with a medical malpractice attorney. Some errors and omissions don't amount to medical malpractice and experts have to certify that the doctors, nurses, and/or hospital's conduct fell below the standard.
The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general in nature and may not apply to particular factual or legal circumstances. This information does not establish an attorney-client relationship. Transmission of the information is not intended to create, and receipt does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon any information on this website without seeking professional counsel. JASINSKA LAW FIRM PC expressly disclaims all liability concerning actions taken or not taken based on any or all of the contents.
A: I'm very sorry for the loss of your mother. It's possible you could - but a law firm could offer more definitive guidance if you set up a free initial consult to discuss in more detail. Gather what records you have - if a law firm identifies a basis for a possible case, they could retrieve the entire file and review with medical professionals. 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.
