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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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Sir my mother entered the Marin General Hospital on June 6th

Customer Question

Sir my mother entered the Marin General Hospital on June 6th 2007 in a comatose state.


 


It was caused by an overdose of haldol by her POA.The hospital records said it was dehydration which clearly can be proven as untrue.

The following day three doctors and the POA met.At that time they knew the fiollowing

1.My mother was comatose from an overdose of haldol

2.My mother had her heart medicatiions withdrawn by the POA

3.A Doctor administered opiates however my mother had no pain

4.My mother was not terminally ill.

Involuntary euthanasia in many states is a crime.This happens when someone is terminally ill and without their consent is intentially put to death.

In my mothers case she was not terminally ill.The doctors knew withholding her heart medcations and continuing opiates wopuld end her life.

They were told to do so by the POA

Then the falsifying and altering my mothers medical records began

Their were two ER reports,same person,day,time and Doctor.The second one was contained in my mothers records the true one was never disclosed.

There was an EKG and urinalysis test ordered.The urinalysis report stated urine specimen was never received.There was no mention of the EKG results.

Several months ago I was able to obtain a internal hospital document from the hospital's computer

It stated that the urinalysis test was ordered and then cancelled by the requesting party.If taken it would have lead to a drug test and my mothers comatose condition would have clearly shown that an overdose of haldol was its cause

The EKG test stated completed then cancelled.The EKG test would have clearly shown my mother was not terminally ill.

I have worked with a doctor from JA for four years.He recently told me that criminal charges should be brought against the Doctors and POA but of course he is not an attorney.

What is your opinion?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Joseph replied 1 year ago.

For any criminal charges to be brought forward in this matter, there would need to be evidence that the medical care provided to your mother was below normal standards and that this substandard care contributed to her death. Based on the facts as you have detailed them here, I would suggest that you may be able to meet that burden.

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If you are interested in pursuing this matter, you might consider putting together whatever evidence you can obtain. This would include whatever hospital records you may have, especially the "internal hospital document". If there are any hospital staff friendly to your situation, perhaps one of the doctors or a nurse, you might consider speaking with them as well. If they are willing, they could certainly provide useful information.

.

Once you have everything gathered, you could then contact your local law enforcement agency. You could set up an office conference with one of the detectives to discuss the matter. Much like you have done here, you would need to lay out for the detective exactly what it was that occurred and provide the evidence to substantiate your claims. Based on your evidence, my expectation is that the detective would be willing to investigate the matter further. While it is unusual to prosecute a doctor in criminal court, it certainly can be done.

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Customer: replied 1 year ago.

Thank you


 


I also assume the POA she was behind this entire ordeal


 


One of the doctors faklsly admitted my mother into hospice and left her heart and blood medications off of her plan of care and substituted morphine,Valium and haldol.


 


He and the power of attorney guarranteed me that they would not interfere with my mothers medical treatment in the hospital


 


I have two documents from the doctor stating my mother was being brought to the hospital to check her altered level of conciounness but also stated my mothers plan of care would not change (no meds and opiates)


 


The POA told the hospital doctor my mother was there for placement and no other reason (no meds I take that to mean)


 


The outside Cardiologist,ER doctor and internal doctor had two choices.


 


Report elder abuse or cover up for the Hospice admitting doctor and the POA unfortunatly for my mothers sake they chose the wrong one.


 


I am assuming there ius no SOL in this case?

Expert:  Joseph replied 1 year ago.

Yes, you would want to include the POA in anything you pursue.

.

And yes, there is a statute of limitations here. As to anything civil, it would appear that there is a three year limitation. As to pursuing anything criminal, the applicable time period would likely be two years, depending on what charges law enforcement decided to pursue.

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It has grown late and I need to sign off so that I may prepare for my morning court appearances. If you need anything else, please feel free to respond and know that I will be back online tomorrow. I thank you in advance for your patience.

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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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I have 15 years experience in criminal litigation including several years as a felony prosecutor