Legal Question in Medical Malpractice in California

Nursing Home Abuse/Wrongful Death

April 2008, my 72 yr. old mother was admitted from a ACH to a SNF with a stable diagnosis that included Pneumonia, Compressed Fracture, and Lupus. She was to receive short-term skilled medical and rehabilitative care. After 5 days she was sent by ambulance to ACH suffering from a multitude of health issues acquired and/or exaggerated during her stay. On April 22, she passed away. Her cause of death was due to Septic Shock, Bilateral Pneumonitis and Lupus. The early morning hours of April 15, I observed an ant crawling on my mother. Late morning, while my mother was out of the room, an exterminator entered the room contaminating the environment. The medical professionals failed to treat all presenting medical conditions and failed to deliver quality care. This resulted in an exacerbation of her primary medical conditions and contributed to the development of Septic Shock.

On 7/24, I received a call from the SNF Corp. Office informing me that they would like to address the pesticide spray that contributed to the death. At their request, I wrote a letter which included a settlement amount. I also filed a complaint with the State. Now their attorney is involved. How do I proceed from here? A lawsuit has not been filed.


Asked on 11/10/08, 8:53 pm

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Nursing Home Abuse/Wrongful Death

I would advise to have not further direct communications with them and get a lawyer.

Read more
Answered on 11/12/08, 3:10 pm
Terry A. Nelson Nelson & Lawless

Re: Nursing Home Abuse/Wrongful Death

Once you obtain an opinion and agreement to testify from an independent doctor in that specialty area that there was 'negligence' or 'malpractice' you will be able to file suit, not until. If you want to try to negotiate and settle it yourself, feel free. If you want experienced professional help from someone who knows how to handle these cases and what they may be worth, then hire an attorney. If the case has merit and value, someone will be glad to take the case. Feel free to contact me if serious about doing so.

Read more
Answered on 11/12/08, 3:20 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in California