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Joseph, Attorney
Category: Legal
Satisfied Customers: 7280
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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On 3-3-11 my mother passed away in a Kaiser hospital in Moreno

Resolved Question:

On 3-3-11 my mother passed away in a Kaiser hospital in Moreno Valley CA. My Mom remained in storage at the Cremation center for 18 days because the Kasier Dr. failed to sign the Death Certificate till 3/21/11 (18 days later). I understand that in Ca. a Dr. is given 72 hrs to sign a death certificate. Because of this insensitive disrespectful act on behalf of Kaiser and the Dr., I could not plan a service or start with her estate until the death certificates were signed. My Mom sat in a freezer for 18 days. She could not be cremated until the Death Certificate was signed. The Dr. never returned pages to the Cremation center. I filed a grievance via the phone and online on 3-11-11. I still have never been contacted by Kaisers Member services to notify me about the case. Kaiser and this Dr. need to be held accountable for this act. I had to explain to my family why there was no services planned soon after her death. What sort of leverage or legal recourse do i have against Kaiser if any? . I'm having a service on 4-5-11, 33 days after her death. Unbelievable.
Submitted: 5 years ago.
Category: Legal
Expert:  Joseph replied 5 years ago.

Let me begin by expressing my sympathy for both your mother's passing and for the difficulties caused by Kaiser. My sincere condolences.


I would suggest that you have a viable civil lawsuit for negligence on the part of the hospital. As you have indicated, there would appear to be no reason for such an extensive delay. Further, I suspect most people would agree that there can be nothing more traumatic than the death of an immediate family member.


My speculation is that the negligence will be relatively easy to establish. However, it may be a bit difficult to demonstrate quantifiable losses. Please don't misunderstand me, I don't mean to suggest you shouldn't consider moving forward, just that you put some time into determining your losses.


If you are looking for an attorney to assist you, an attorney focusing on civil litigation would be appropriate.


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