Legal Question in Personal Injury in California
traffic accident on freeway
my father was injured in a traffic accident on the freeway. he was driving alone and the accident was the cause of debry on the freeway. i believe there are a few who wittnessed the debry and the accident. he dose have full coverage on his car. he was tooken to the hospital and after they supposibly ran tests on him he was released even thought he was complaining of a lot of pain in his stomach and told them he felt something was wrong. they still said he was well enough to be released about 4 hrs. after the accident happened. his car was totalled . and after he came home we finally had to call 911 because he couldn't stand the pain from his stomach. this was about 2hrs. after he got home. he is still in the hospital now and had to have surgery because they found out he had busted two holes in his intestins. do we have some kind of a case on either one of those things.
thank you .
lourdes
2 Answers from Attorneys
Re: traffic accident on freeway
Your dad's matter is complex in that it is medical malpractice on top of a car accident and he should get an attorney. If you are located in Orange, San Diego or Imperial Counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation
Re: traffic accident on freeway
Your father might very well have a good case against whoever was responsible for the debris in the highway. The problem will be figuring out who that was. Without a defendant, a lawsuit won't go anywhere.
I don't know whether your father would have much of a case against the first doctors. It sounds like the holes in his intestines were already there. Even if the first doctors should have realized this (which may or may not be true), the second doctors figured it out a few hours later. The first doctors would only be responsible for any harm caused by the delay.
A few extra hours of severe pain is no small thing, but it probably wouldn't justify a malpractice suit (because such suits take a lot of time, energy and money, and because they often fail). But if your father's condition deteriorated during those few hours, his claim would be stronger.
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