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Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 34042
Experience:  30 years experience in the practice of estate law.
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I'm in the state of California. My mother filed a living

Customer Question

Hi..I'm in the state of California. My mother filed a living will in 2001 in the state of Texas. In 2012 my mom moved to California. I immediately I filed for a Durable Power of Attorney and a Health Directive. My mother passed on 1-6-16 due to a cancerous cyst she developed on the outside of her right chest area. Her internal medicine doctor never ordered any test at anytime. An emergency Doctor tested her when I took in for something else. When diogosed, she was only given 30 days to live. I had Durable Power of Attorney and a Health Directive and her Living will. I have filed a comlpiant against her doctor at Kaiser through their member services department. What I need to know is, are these documents enough or do I need something else in the state of California? also What is the maximum dollar amount I can ask Kaiser for when thier has been a medical neglegance or medical malpractice incident?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

My condolences for your loss.

Expert:  Loren replied 1 year ago.

You are going to need to open an estate in probate and be appointed as the executor or representative of the estate in order to maintain a malpractice claim on your mother's behalf.

Expert:  Loren replied 1 year ago.

The problem is that any POA you had to act on her behalf terminated when your mother died. In other words, the POA no longer conveys any authority to you. That is why you need to open an estate and be appointed representative to maintain the claim in her name.

Expert:  Loren replied 1 year ago.

You will need to research the jury verdict reporters to determine your demand. There are journals which report the jury verdicts awarded in your jurisdiction. So, you would look for cases similar to yours involving misdiagnosis and death.

Expert:  Loren replied 1 year ago.

You should probably consider retaining local counsel, as this is not simple litigation, such as suing a valet parker for denting your car. This is going to involve numerous depositions involving expert medical testimony.

Expert:  Loren replied 1 year ago.

If you need assistance finding local counsel try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Expert:  Loren replied 1 year ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.