Do I sue for malpractice or wrongful death?

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.

Victorville, CA -

Attorney Answers (5)

Norman Gregory Fernandez

Norman Gregory Fernandez

Personal Injury Lawyer - Chatsworth, CA

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
Richard Carl Binder

Richard Carl Binder

Personal Injury Lawyer - Pasadena, CA

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,

Paul J Molinaro

Paul J Molinaro

Medical Malpractice Attorney - Corona, CA

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 /

"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
David Ian Schoen

David Ian Schoen

Medical Malpractice Attorney - Windsor, VT

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.

Christian K. Lassen II

Christian K. Lassen II

Medical Malpractice Attorney - Philadelphia, PA

Have a local civil rights lawyer investigate.

Related Topics

Medical malpractice and personal injury

Medical malpractice occurs when a medical professional's negligence causes injury to a patient. Incorrect actions and inaction can both be forms of negligence.

Featured Legal Guides

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.