Legal Question in Medical Malpractice in California

We sent my daughter to a San Diego residential-type facility for treatment of anorexia in December 2009.

At that point, she was eating but struggling so we thought professional help was in order.

The care that she received was gross negligent (according to Blue Shield Medical Director who cited in a report that my daughter came out of the place in much worse shape than she went in). My daughter ended up in ER/dehydrated and then in Sharp Grossmont behavioral ward refusing food or drink for 8 days prior to being transferred to BHC Alhambra's Eating Disorder unit.

When she arrived at BHC, she was in terrible shape - weight as well as cognition wise.

In addition to gross negligence, the doctor at the San Diego facility also abandoned my daughter while in his care - never visiting her at the hospital. Fortunately, in a little more than 2 months at BHC, they got her on the road to recovery and she did 2 months in Partial and has been 2 months in IOP and is doing well now.

Currently, the California Medical Board has Petitioned to Revoke the Medical Director's license based on a thoroughly investigated claim of another patient who received gross negligent care.

They also cited that the doctor has repeated acts of gross negligence. There is a 9 page report.

The patient involved in the claim was actually there the same time my daughter was.

We have since filed our own claim against this doctor.

Would we have a claim?

We would like to be compensated for what it cost us to get my daughter back on track since she left that San Diego facility.


Asked on 7/07/10, 3:07 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Your claim is essentially a medical malpractice. Therefore, in order to pursue it, and before you can file it, you must have a 'medical expert opinion' that there was malpractice. Your opinion and mine are of no value. Since you appear to have support from several official and professional sources, it probably won't be difficult in getting what you need. If your daughter is an adult, she can bring the claim, if a minor then you can. Either way, if serious about pursuing this, feel free to contact me. Keep in mind there are time limits, but it appears you are still within them.

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Answered on 7/08/10, 10:57 am
James Bame San Diego Law Office

Yes you have a good case and getting an expert witness should not be difficult except for the retainer he may charge. You also need to give the medical facility 90 day notice of your intent to sue. Contact me directly.

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Answered on 7/08/10, 2:46 pm


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