Legal Question in Medical Malpractice in California

wrongful death whose liabilty?

in a case where a person died do to a prescription drug causing fatal side effects and was not monitored properly by the attending physican over a period of time, and that particular drug has been tested and proven to cause death in certain doses over a period of time who is at fault the doctor for failing to monitor the patient and run tests or the pharmacy company that makes that killing drug?


Asked on 3/18/03, 1:00 am

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: wrongful death whose liabilty?

Your questions presupposes that the potential side effects of the drug are well known and that the physician taking care of the patient was negligent. In that case liability is with the physician only.

Med Mal cases are technical and expensive to bring. Expert testimony is required from the plaintiff and the defendant. Depositions of experts must be taken. These experts charge a lot of money to consult and testify. Therefore it is incumbent to be sure early on regarding the strength and validity of a case before getting too deeply into the litigation process.

Contingency fee arrangements are governed by statute. Find an attorney with a lot of experience and expertise in these areas to evaluate the case.

Six of my twenty five years of practicing law have been spent exclusively defending doctors and hospitals in such cases. If you want me to take look at the case call.

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Answered on 3/18/03, 1:38 pm
Joel Selik www.SelikLaw.com

Re: wrongful death whose liabilty?

The doctor, possibly the hospital (if in hospital) or others who were involved.

Joel Selik

800-894-2889

www.SelikLaw.com

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Answered on 3/18/03, 3:08 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: wrongful death whose liabilty?

based on the limited facts, the physician and/or the drug manufacturer could be liable under a negligence or product liability theory. however, i would need more specific detailed facts regarding your case to make a better evaluation for you. please feel free to email such facts for further legal assistance and/or representation. please be sure to include a timeline and dates as well.

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Answered on 3/18/03, 1:05 am


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