Q: My mom failed a swallow evaluation a died from accidental choking while at a hospital. Can I sue for malpractice

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.

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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

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.