Legal Question in Medical Malpractice in California

Wrongful Death and procedures

My brother a LA resident met witha minor auto accident and was life flighted to a level II taruma center. He was coscious on admission and subsequently underwent an exploratory abdominal surgery. After 3 hrs of surgery the surgeon informed the family members that he didevery thing he could and cannot save my brother. I requested himto tarnsfer my brotehr to a bigger hospital to save my brother. After lot of hesitation he did. Where he struggled for 22 days with open belly and subsequently died.

My question is as to how do I proceed in terms of obtaining a legal council for my sister in law who is an LA resident.

I have the Power of attorney and am thinking of forming a trust to proceed with the case. Being a out of staterelative, i want to kno what are the legal implications.

Need help.


Asked on 6/03/99, 4:31 pm

2 Answers from Attorneys
Steven Weinberger Law Offices of Steven E. Weinberger

Re: Wrongful Death and procedures

Since this sounds to be a case for the wrongful death of your brother, the person legally entitled to sue would be his wife, your sister-in-law. As the executor of his estate, however, you may also be able to sue on behalf of the estate for recovery of the medical bills incurred by your brother before he died. Please feel free to call mem next week to discuss this potential medical malpractice case further, or e-mail me over the weekend and I will be happy to get back to you as soon as I can. Thank you. Steve

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Answered on 6/04/99, 9:13 pm
David Austin Burke & Eisner, P.A.

Re: Wrongful Death and procedures

I am currently working with an excellent attorney in the Southern CA area on a wrongful death case. In that case we are helping with both setting up the estate and pursuing the wrongful death. IN that case against a hospital and a surgeon. The prior poster is correct that the estate would be the plaintiff in the case. Feel free to contact me. Our toll free number works 24 hours.

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Answered on 6/08/99, 8:40 am


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