Attorney answers (4)
Too many variable exist to predict the answer.
Lots more details are needed. Medical negligence requires proof that the standard of care was violated. What you post does not come close to suggesting that can be proved. So, contact a lawyer. You might find my Legal Guide helpful "How to Choose A Lawyer For You" http://www.avvo.com/legal-guides/ugc/how-to-cho... You might find my Legal Guide helpful " What Do I Tell My Lawyer" http://www.avvo.com/legal-guides/ugc/what-do-i-... Good luck to you. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. 1 person marked this answer as good
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Although I do not practice in your state, I can tell you that you need to be more specific with your facts.
I am not licensed in CA, but I can tell you that you must have legal standing to bring the lawsuit. In most states the personal representative has the right to do that and recover on behalf of the beneficiaries. If you think that your father died as a result of inappropriate medical care while in the hospital you must determine who rendered the care. The hospital may not employ or be responsible for all the care that your father received. Contact a local lawyer and discuss the facts with them.
Betsey Herd Tampa, Florida
We have 3 non California Attorney's on here giving legal advice on a California legal issue. It is unlawful and unethical for a non California attorney to give legal advice on a California matter unless they are licensed to practice law in California. You should not listen to any advice given by a non California attorney. It seems like the same case of non California attorneys are popping up on every California personal injury question now. I believe that Avvo should do something about this. Anyway...................
In order to prove malpractice in California, you will need a doctor to opine that malpractice was done. The lawsuit also needs to be initiated within a year, and can only proceed if you first give written notice of your intent to do so. I would need more facts to go further with my response. 1 person marked this answer as good
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