Legal Question in Discrimination Law in California

Can I and do I have legal ground to file suit against a hospital if while I was under there care I was treated with racial prejudice and because of that was not giving proper care . Racial remarks were made to me in a agressive manner and my sin was not delivered properly as well and so was born with a callavicle fracture

Asked on 1/21/16, 3:40 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

If you and your son were not given proper medical care during his birth, that is medical malpractice and you can sue regardless of whether or not there was any racial aspect to it. Before you can sue, however, you have to get another doctor to say that in their preliminary opinion the doctors and hospital did not provide proper medical services. You also have to show that you had some financial loss or expense because of it.

As for the racial component, any kind of discrimination in services available to the public based on race is illegal. However you would have to prove the remarks and that it affected your care. That is going to be pretty hard to find evidence admissible in a court of law to prove. And again you have to prove you suffered actual damages from it.

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Answered on 1/22/16, 9:00 am

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