Do I sue for malpractice or wrongful death?

Asked over 1 year ago - Victorville, CA

My dad was in prison when he first had trouble with his vision. He told the doctors for at least two years that he was in pain and he was losing vision. They told him he had cataracts . When they did surgery on him, they realized it was cancer and after surgery, he went blind then died. They even released him early because they knew they should have treated him better, and that they should have run more tests before operating. He died only a few months after being released.

Attorney answers (5)

  1. Norman Gregory Fernandez

    Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered . You may have a case for wrongful death, med. mal. You may call my office for a free consultation at 800 816 1529 x. 1.

    No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices... more
  2. Richard Carl Binder

    Pro

    Contributor Level 12

    4

    Lawyers agree

    Answered . This falls into the arena of wrongful death brought by relatives of the deceased based upon medical malpractice. This is also a government claim case and special rule apply regarding the statute of limitations & the filing of a claim before suit can be filed. Therefore take action ASAP,

  3. Paul J Molinaro

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . When a patient dies as a result of substandard medical care, the cause of action is wrongful death based on (or as a result of) medical malpractice. California has some very draconian laws regarding medical malpractice with or without resulting death... Google MICRA to see what a hot topic this is. One such draconian aspect is the $250,000.00 cap on pain and suffering.... when a person dies, it is said that his or her pain and suffering claim dies with him or her... that means relatives will have to file a claim for their own pain and suffering (the pain of losing a loved one) to go after that $250,000.00... oh, and yes, it is $250,000.00 total... not per loved one... all loved ones would split that amount should the case be successful.

    That said, when someone dies as a result of being refused medical care in a prison, there are many other issues which should be thoroghly investigated... such as civil right violations, and such. Thus, aside from an attorney well-versed in medical malpractice matters, an attorney well versed in prisoner's rights would be the ones to consult... and in both instances, done so with haste as there are very short time limits to bring cases agains the government.

    - 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 and does so anywhere in the State of California.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
  4. David Ian Schoen

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . I don't believe it is either/or. A medical malpractice claim can also include a wrongful death aspect to it. However, you may have Notice of Claim or statute of limitations problems, so consult a local medical malpractice attorney immediately.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Have a local civil rights lawyer investigate.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,268 answers this week

3,080 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,268 answers this week

3,080 attorneys answering