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My mother died do to hospital error

Vallejo, CA |

my mother recently passed away. the surgeon who closed my mother up after emergency hernia surgery didnt close the intestine together properly. it was left like that over 24 hours she formed a fungus around the area not closed properly where toxins were leaking out. they then had to go back a second time for emergency exploratory surgery reopening the surgical area to check for errors or issues. thats when they found the improperly closed intestine. she never recovered from the fungus it over took her body and she passed. do i have a case?

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Attorney answers 4


Sounds like there is a case here. However, the records must be examined by an expert. Do you have her medical records? If yes send it to my office and we'll get the process started.


I am sorry for your loss. It appears as you may have a case. However, all the medical records must be examined. From your description it seems as if the operation fell below the standard of care. Some hospital plans require you to file for arbitration. So you may have to go that route. Get a kawyer right away. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., aka El Abogado de Divocios de California: 510-206-4492. It is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on divorce, family matters, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Bancarrotas, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Divorcios, Abogado Latino de Accidentes, y Abogado de Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


Horrible thing that happened to your mom, I'm so sorry.
Please feel free to contact me directly. My office handles only consumer protection matters and we are relatively close to you in the bay area. We will be able to find you a top notch attorney to represent you and your family on these claims.


Medical Malpractice cases are some of the most difficult. The insurance industry has successfully lobbied for laws that put injured patients at a great disadvantage.

Your first step would be to gather all medical records related to your Mother's care. Before you can file a claim against the hospital, you must get a medical expert - a doctor who practices in the same field as the accused surgeon - to review those records and submit a declaration which states that the alleged surgeon's conduct breached the standard of care.

If your expert does find a breach of the standard of care, then you are permitted to file your claim.

Our firm routinely handles medical malpractices cases and we have got to trial across the State. We would be happy to speak with you about your claim and arrange for a medical expert to review your records.

It is a terrible thing that happened to your Mother. Whether you contact us or not, I urge you to consult with a medical malpractice attorney as soon as possible and sincerely hope that you can find justice for what happened.

Good luck.

This response applies to California Law only and does not create any legal relationship between the attorney and the person who submitted the question.

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