My fiancee was a Vietnam vet. and was taken to a local hospital. I had requested he be taken to the VA hospital as he had a rare fungus that effected him and had been under their care for several months, but instead he was taken to Palomar. In the ER I explained in detail his condition and how vital it was that they get his medical records immediately to treat him, as it had taken some time for VA to diagnose his problem. I spoke to the admitting Dr. and he said he would do so. He was moved to ICU. They ignored the urgency to obtain his records and instead treated him for drug withdrawals, as he had a past history of addiction. They did not get the information that I insisted was needed to diagnose him properly until 3 days later, when they had me sign a medical release form, And as a result of their negligence s, He died on the 4th day there. They kept him sedated because he wouldn't cooperate, (THEY SAID), as he would refuse the morphine and other treatment procedures of someone going through withdrawals, because that wasn't the issue. Had they listened to me in the beginning he would still be here with me today.
Sorry about that. let me see if I can be of service. The Q you ask is ripe with facts. That is the kind of Q that needs to be discussed with a real lawyer. I would not wait with this. I would call a local bar association for a referral to an attorney. In general the Bar Associations are your best bet for a referral. They know local lawyers and also want to help the public. Best of luck to you.
This is an informational. There is nothing like real advice from a lawyer--this isn't. Food for thought. We give our time and our feedback is appreciated. Be sure to mark the "Best Answer" or "Helpful." Thank you.
You need to speak with an attorney asap. Look for a local attorney on here and sit down with them and go over all of the details of your case. This is something that forums like this just can't do justice. For a question like this, the best advice we can give is talk to an attorney in person, and make sure they set aside enough time to really look into your problem and what they can do to solve it.
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It is important to get his records from both facilities for a review. Sorry for your loss.
The two most important questions are 1) when did all of this happen and 2) how fast can you get his records from that facility? Palomar is operated by Palomar Pomerado Health District, a quasi-government entity, meaning the time to sue might be short.
Your fiancée's next of kin may be able to bring either a wrongful death or bodily injury claim against the hospital. Since you were not married, you do not have any interest or claim here. You might want to encourage his next of kin to speak with a personal injury attorney.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Sorry for your loss. As in any medical malpractice case you have to get a good attorney who knows this area of law well. The attorney whom you have to call (not them calling you) will have to have the medical records reviewed by an expert witness to find evidence of medical negligence, or some deviation from a standard of care in the community.
Secondly, in this kind of case, it may be difficult to distinguish the legal cause of death versus a declining health condition. So this is not an easy nor inexpensive process.
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