Legal Question in Medical Malpractice in California

My Mom was recently complaining of a problem for a few months. She mentioned it twice to the nurse practitioner who visited her at home (she was bed bound and could only be seen at home.) The nurse practitioner did not send the MD out to see her regarding the problem. She ended up in the hospital via ambulance a week after her visit. She died 2 days later from this problem & from developing sepsis. I believe the nurse practitioner was negligent in not calling in the Dr. I also the believe that the dr in the hospital was negligent in not giving her anti-biotics until it was too late for her. She was 87 and in ill health but she was not in any way ready to die yet.

I know that a law suit will not bring her back to us. But it might make the nurse practitioner a little more careful in the future so someone else does not have to lose their loved one.


Asked on 7/31/10, 1:29 pm

1 Answer from Attorneys
Joe Marman Law Office of Joseph Marman

As I have answered previously on countless occasions regarding the viability of bringing a medical malpractice case, you must prove that your doctor's conduct and care fell below the normal standard of care of doctors practicing his same profession. You must prove that the doctor was negligent, and that most other doctors would have done things differently. You must pay a doctor to review your facts and give an opinion if the treating doctor was negligent.

If you can get all the medical records, I can have them reviewed by an outside medical authority to see if we could establish a violaiton of the proper standard of care. Joe Marman

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Answered on 8/05/10, 7:04 pm


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