Legal Question in Medical Malpractice in California

My understanding is that if a doctor, nurse or other hospital personnel whose duty it is to test, diagnose and treat a patient experiencing a life threatening disorder like that posed by an pulmonary embolism fails to do so, than that doctor, nurse or other hospital personnel has failed to meet the �expected standard of care� and is therefore liable; and the result is medical malpractice.

The following does clearly illustrate that several entities failed to 1) Test, diagnose and therefore effectively treat the life threatening condition known as pulmonary embolism as was suffered by my daughter Samantha Dancer (a sickle cell patient) for many days prior to her eventual passing from the condition. And 2) that their failure to do so is the cause of her untimely and unnecessary death.


Asked on 11/11/11, 11:28 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I am terribly sorry that you lost your daughter. The only thing that will "clearly illustrate" that 1) the defendants failed to meet the standard of care and that 2) this caused her death is an expert witness physician who has reviewed the medical records. And if you want to sue for malpractice, you'll need to get a medical malpractice attorney. Watch out for legal time limits.

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Answered on 11/12/11, 5:15 am
Terry A. Nelson Nelson & Lawless

When claiming medical malpractice, your claim must be supported by the opinion of a doctor who is a 'qualified expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning the treatment fell below the acceptable standard of care, and that such negligence caused legally recognized damage or death. Neither your opinion about malpractice, nor mine, is relevant nor 'proof' of malpractice. What may seem obvious to you and I is not necessarily a conclusion an expert will support. You are not supposed to file suit without having that expert opinion available. Consult with your other treating doctor[s] to see if they are willing to provide that opinion and testimony, or you can contact independent experts for that purpose if your treating doctors say there is negligence but they won't testify. I can provide referrals and assistance if necessary. If you obtain such an expert's testimony, and if you determine that you have a case with MERIT [provable malpractice and a likelihood of winning], VALUE [substantial provable damages] and COLLECTABILITY [defendant with substantial assets or insurance], then you would have proper grounds to bring your legal claims in a lawsuit. Keep in mind that you have only one year maximum from 'notice' or learning of the suspected malpractice to bring suit.

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Answered on 11/12/11, 12:08 pm


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