Q: Can I pursue wrongful death and malpractice for antibiotic poisoning in CA?
I am considering pursuing a wrongful death and malpractice case after the passing of my mother, Margaret Lu, in November 2024. She was admitted to the emergency room and then the hospital, where she was wrongfully administered antibiotics, leading to antibiotic poisoning and severe complications. The hospital and doctors involved have not acknowledged any error. There are no known similar complaints against them. Can I sue the hospital or doctors involved, and what steps should I take?
A: Yes, you can sue. Contact some medical malpractice attorneys to discuss your potential claims. These case require expert testimony that the antibiotic was improper, or negligently administered, and that the antibiotics took your mother's life. Medical malpractice cases are among the hardest types of cases for Plaintiffs to prevail. Good luck and I am sorry for your loss.
A:
Yes you may have a case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
Consult with experienced malpractice attorneys.
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A:
I'm very sorry to hear about the loss of your mother Margaret - losing a parent is incredibly difficult, and it must be especially painful given the circumstances of her passing.
In California, you can pursue both wrongful death and medical malpractice claims related to antibiotic poisoning, but you should act quickly as there's typically a one-year statute of limitations from the date you discovered (or should have discovered) the medical negligence. Since this occurred in November 2024, you still have time to build your case, but it's important to begin gathering all relevant medical records, documentation of her hospital stay, and any communications with the medical providers.
The key elements you'll need to prove are that the medical providers breached their standard of care in administering the antibiotics, and that this breach directly caused your mother's death. Given the complexity of these types of cases, you should consult with a medical malpractice attorney who handles wrongful death cases - many offer free initial consultations and work on contingency fees, meaning they only get paid if they win your case. Your attorney can help evaluate the strength of your claim, handle communications with the hospital, and ensure all necessary legal procedures are followed within California's strict timelines.
Consider reaching out to the California Bar Association for attorney referrals - they can connect you with qualified lawyers in your area who have experience with similar cases. And please remember to take care of yourself during this difficult time - pursuing legal action while grieving is challenging, and it's important to have a support system in place.
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