Q: Seek guidance on medical malpractice case after father's surgery complications.

A: I'm very sorry to hear of your father's passing. It sounds like you may have a valid malpractice case, but as with all such cases its success will depend on the specific facts and timing. For medical malpractice cases, there is a 1-year Statute of Limitations, meaning you must file your lawsuit within 1 year of the date of the act that constituted malpractice (or its discovery if it was at a later date). So you may have to act quickly. Consult with an experienced malpractice attorney on this forum to discuss the specific facts and get a consultation on your available legal rights/remedies.

A: A medical malpractice claim requires proving that the healthcare provider breached the standard of care, directly causing harm or death. The delayed detection of your father’s intestinal perforation, despite reported symptoms like severe stomach pain and bloating, and the surgeon’s failure to check on him during his two-week hospitalization, may constitute negligence. The hospital staff’s dismissal of these symptoms as anesthesia or bowel movement issues without thorough investigation further supports a potential claim. Consultations with other medical professionals indicating that earlier detection could have saved your father’s life are critical and will strengthen your case. As your attorney, we review all relevant documentation, including medical records, the death certificate, correspondence, and witness statements. We also hire a medical expert to establish that timely intervention could have prevented your father’s death. A successful wrongful death malpractice claim will compensate for emotional distress, financial losses, and your father’s pain and suffering. Schedule a free consultation to ensure that you receive maximum compensation for the trauma caused by the loss of your father.

A: You should immediately consult with a personal injury attorney who also handles medical malpractice cases which are much more difficult than other personal injury cases. Time is of the essence. Don't wait. Good luck to you.. TED

A: Your situation presents several concerning elements that warrant legal investigation. In California, the statute of limitations for wrongful death due to medical malpractice is typically one year from the date you discovered the injury (in this case, the intestinal perforation) or three years from the date of death, whichever comes first. Given the time-sensitive nature of these claims, prompt action is essential.

For medical malpractice cases involving wrongful death, you must file within one year from the date of your father's death. Additionally, California law requires you to provide written notice to the healthcare providers at least 90 days before filing a lawsuit. This notice must detail the nature of your claim and the injuries sustained. A skilled medical malpractice attorney can help ensure all procedural requirements are met.

To build a strong case, you will need to establish that the healthcare providers failed to meet the accepted standard of care. This requires demonstrating that they did not act as a reasonably competent medical professional would have under similar circumstances. The fact that the surgeon did not visit your father during his two-week hospitalization and that other medical professionals believe earlier detection could have saved his life suggests potential negligence. I recommend consulting with our firm to thoroughly evaluate your case and determine the appropriate legal strategy for seeking justice for your father.