Daly City, CA asked in Health Care Law, Medical Malpractice, Nursing Home Abuse and Wrongful Death for California

Q: Is there a way to sue a doctor in civil court for negligence? How do I sue a skilled nursing facility?

How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?

3 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You can sue a doctor in civil court for negligence if you believe they failed to provide the standard of care expected, leading to harm. To prove negligence, you generally need to establish that the doctor owed a duty of care, breached that duty, and caused injury or death as a result. Even if no autopsy was done, other evidence like medical records, expert opinions, and witness testimonies can help build your case.

If you want to sue a skilled nursing facility, you may need to show that the facility or its staff were negligent in their care, causing harm to your family member. This could involve proving understaffing, improper training, or failure to follow protocols. Documenting any incidents, gathering records, and identifying witnesses can strengthen your case against the facility.

For a lawsuit concerning a doctor not following a full code request, you must demonstrate that the doctor knew about the request and willfully ignored it. Evidence like written requests, testimonies from family members, and communication logs can be crucial. Consulting with an attorney who has experience in this field may help guide you through the process of filing a lawsuit and gathering necessary evidence.

1 user found this answer helpful

A: Yes, you can sue a doctor or nursing facility for negligence. To prove it, you must show they had a duty of care, failed to meet it, caused harm, and there were damages. Medical records and expert testimony can help, even without an autopsy.

To file a lawsuit, contact a malpractice lawyer, gather evidence, and file within 1-3 years. If a full code request wasn’t followed and harm resulted, you may have a case.

1 user found this answer helpful

A: Yes, it's possible you could. The best way to answer your question would be to try to set up a consult with attorneys who handle such cases. Free initial consults are customary with such cases. If a law firm believed that there could be a basis for a case to move forward with, they could request patient files and review with medical professionals. Law firms that handle such cases generally work on a contingency basis. I'm sorry for your family's loss. 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.