California  |  Medical Malpractice

Legal Question

Asked on: 6/21/13, 6:45 am

In the state of California; If a doctor that has prescribed a medication to his patient for over 2 years, suddenly tells the person to stop taking this medication immediately due to high risk of heart failure due to that medication. And the patient dies later that day or the following day, is there very strong grounds to file a wrongful death lawsuit against that doctor?

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1 Answer

Answered on: 6/25/13, 3:23 pm by Terry A. Nelson

To have grounds for a medical malpractice claim, you must have the opinion of a medical expert that says the treating doctor's standard of care was negligent and that he did something wrong in handling the prescription and the patient, and that caused the injury and death. The estate of the dead person will have to hire an 'expert' to review the doctor's file and charts, the autopsy reports, and other documents and issues, to determine his opinion. Neither your opinion, nor mine, matters in court. If serious about hiring counsel to help in this process, leading to a possible case, feel free to contact me.

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