if my mom passed away due to a surgery being performed incorrectly can i file a suit against the hospital
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2 Answers from Attorneys
IN CALIFORNIA - When a person dies from medical malpractice, an action may be filed for wrongful death. This action would be brought by the heir(s), that is usually the children or spouse, of the decedent. As medical malpractice is a unique and somewhat complicated focused area of law, anyone who even thinks he or she has a medical malpractice case should immediately consult with an experienced medical malpractice attorney. Most of us offer free consultations, so there is nothing to fear in calling us.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
4160 Temescal Canyon Road, Suite 306
Corona, CA 92833
www.fransenandmolinaro.com / www.888MDJDLAW.com
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If indeed the surgery was done incorrectly and your mom died as a result ot it, then yes, you may sue the surgeon who performed the surgery incorrectly. As for against the hospital, if the nursing staff did their jobs correctly, then you should not sue the hospital. In any event, get the case evaluated by a qualified lawyer. Sorry for your loss.