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Do i need a malpractice attorney?

Modesto, CA |

My father had a small bowel obstruction surgery which was successful and was to be hospitalized for 7 days. 24 days later he died due to sepsis which should've been caught by the nurses being that his blood work showed abnormalities 3 days before his death. Their inattentiveness to his care throughout the 24 days caused his death.We asked for him to be placed in ICU after the 7th day when we saw no improvement because he was in chronic pain and continued to vomit everyday which we later found out were signs of major complications of this surgery. However, the responsible surgeon assured us he was perfectly fine and didn't need to be in ICU.The day of his death no physicians would sign his death certificate and the hospital paid for a private autopsy.We are seeking justice! Please advise.

Attorney Answers 8


  1. Best answer

    The information you have provided contains a number of red flags that I would ordinarily use to spur an investigation into a suspected wrongful death. First, you have a post-op death case resulting from a supposedly successful surgery. Second, you have what sounds like clear surgical complications that apparently were not addressed at all. Third, you have witnesses who were concerned enough to request a higher level of care, which requests were ignored. Fourth, you have abnormal blood work in a patient who died of sepsis. Fifth, you have physicians refusing to sign the death certificate. And finally, you have a hospital volunteering to pay for a private autopsy, which rarely happens and in my experience never happens unless the hospital knows something really bad happened. I suggest you find the best qualified medical malpractice attorney in your locale for a complete investigation.

    This response does not create an attorney-client relationship and is provided after receipt of very limited information. For this reason it is not a substitute for a formal consultation with an attorney in your jurisdiction who has been retained and has been provided all of the relevant information. The author of the related question is strongly encouraged to obtain such a formal consultation prior to making any final decision about how or if to proceed with a legal matter. As there are time deadlines that apply to all legal actions, the question's author is encouraged to seek such consultation as soon as practicable.


  2. A local malpractice lawyer would need to order all his medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care.


  3. Consult a medical malpractice attorney to investigate the hospital's conduct and I'm sorry for your loss.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  4. First, i am sorry for what your family has been through and hope that you are able to find answers. I am not licensed in CA and can give you only general advice. You will need to contact a local lawyer. You will have to prove that the lack of care substantially contributed to your father's death. The fact that you have an autopsy will be very beneficial. Without one the case may have been impossible to prove. Your attorney will find an expert who reviews the records and autopsy and will tell you whether the substandard care was a cause of his passing. God bless you.


  5. Please accept my condolences.

    First, ask the hospital for the copy of his entire medical chat, including the autopsy report, the lab results, nursing notes, doctor's orders, etc. Second, see a medical malpractice lawyer promptly.

    I do these types of cases and will gladly review yours if you'd like.


  6. Surgery, while television teaches that it can be done by Doogie Howser and his pen knife, is still quite an amazing medical feat... and a very traumatic experience on a human body. Infections, bleeding, nerve damage, and scar formation may be encountered after even a well-performed surgery. However, botched surgeries are all too common and telling the difference between a botched surgery and an unfortunate outcome requires quite a bit of medical knowledge.

    The first place a person who feels he or she (or his or her loved one) has fallen victim to medical negligence should turn is an experienced medical malpractice attorney. Said attorney will review the records and advise as to whether the standard of care was breached (that's lawyer speak for "botched").

    Fortunately, many of us medical malpractice and personal injury attorneys offer free consultations and take cases on contingency. Thus, there is nothing to fear when calling.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.


  7. I am very sorry for your loss.

    You need to contact an attorney immediately as there are very strict statutes of limitation in medical malpractice. You also need to get the records immediately if you have not done so already. You need to consult an attorney who will then consult an expert to determine whether the surgeon's conduct fell below the standard of care.

    I wish you the best of luck in obtaining a positive outcome in this matter.

    Ian A. Scharg, Esq.
    555 Capitol Mall, Suite 770
    Sacramento, Ca 95814
    916-444-8240

    Medical Malpractice. Elder Abuse. Class Actions.

    This is not legal advice and does not create an attorney-client relationship. This is not legal advice, it is only legal information. You should consult an attorney if you have any questions regarding this matter.


  8. I am sorry for the loss of your father.You have been given great advice by the other attorneys. There are issues that should be evaluated by a local attorney experienced in malpractice cases. Having a private autopsy will give your attorney the ability to have his/her own independent experts come to their own conclusions by reviewing the slides and tissue samples as to what the cause of your father's death was.

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