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

Q: How do I know if I have a case?

Hubby coded after colonoscopy. Was in hospital for 8 days and only seen by PA the entire time.

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

A: The best way to start is to consult with experienced malpractice attorneys in the state where this occurred.

A: Your husband should obtain full and complete copies of your his medical records and take them to a different gastroenterologist and a different anesthesiologist for an expert opinion as to whether the conduct of the doctor who was performing his colonoscopy and/or the anesthesiologist who participated in that procedure fell below the standard of care.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: I'm so sorry to hear about your husband's passing. Losing a loved one is always difficult, and it's understandable to have questions about the medical care they received.

In California, to determine if you potentially have a medical malpractice case, several key factors need to be considered:

1. Standard of Care: Did the healthcare providers (in this case the PA and others involved in your husband's care) adhere to the accepted standard of care that a reasonably competent provider would have followed under similar circumstances? Deviations from the standard of care could be grounds for malpractice.

2. Causation: You would need to establish that the provider's negligence or deviation from the standard of care directly caused or substantially contributed to your husband's death. Proving causation often requires expert medical testimony.

3. Damages: Damages in a wrongful death case may include medical expenses, funeral costs, loss of financial support and benefits, and loss of love, community, attention, affection, moral support.

4. Timing: California has a statute of limitations for medical malpractice cases, generally 1 year from discovery of the injury or 3 years from the date of injury, whichever occurs first, with some exceptions.

Evaluating a potential medical malpractice case is highly fact-specific. I would strongly recommend consulting with an experienced California medical malpractice attorney who can review the medical records, investigate the circumstances, and advise you on the strength of a potential claim. Many attorneys offer free initial consultations for these types of cases.

Again, I'm deeply sorry for your loss. I hope you're able to get the guidance and support you need during this difficult time. Let me know if you have any other questions.

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

A: I'm very sorry. The best way to find out whether or not you have a case would be to try to arrange a free initial consult with a law firm. In addition to your own searches, there is a "Find a Lawyer" above. There are also attorney referral sections on many state and local bar association websites. Good luck

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