Criminal Law Questions? Ask a Criminal Lawyer.
Sir my mother entered the Marin General Hospital on June 6th 2007 in a comatose state.
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.
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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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?
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.
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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