How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6391
Experience:  20 years of professional experience
Type Your Family Law Question Here...
Maverick is online now
A new question is answered every 9 seconds

On 6/12 my 2 yr old grandson died after what has been

Customer Question

On 6/12 my 2 yr old grandson died after what has been determined as a brutal beating... his pancreas was split in half with substantial damage to the surrounding organs. At the time of his admission, the admitting hospital notified LAPD, DCFS, SCAN & Children Services as well as several other agencies. Two weeks prior to that on May 28th and 29th he was admitted to and transferred to two major hospitals and was diagnosed at that time with pancreatitis (which is uncommon in 2 yr olds). Neither hospital picked up or even suspected the abuse that was going on at the time and failed to notify the proper authorities of the suspected abuse. They did not note the damage to the pancreas, in fact ruled out the pancreatitis and discharged the baby 5 days later with an adjusted diagnosis of transaminase. I don't think its a coincidence that the baby had pancreatitis on 5/28, then died of a split pancreas on 6/12. I allege that the hospital, doctors, nurses and hospital social workers at both hospitals failed as mandatory reporters of child abuse by neglecting to do their due diligence to investigate the possibility of abuse. The etiology of the pancreatitis on May 28th was unknown and it is my opinion that it as caused by the same kind of abuse that subsequently killed him on 6/12. There should have been further investigation. I consulted malpractice atty who told me that as a grandparent, I have no rights. wha kind of atty do I need as I am running out of time
Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.

California has a law that presumes lack of due care if the violation of any state statute leads to an injury. If the baby's legal guardian or guardian ad litem (a guardian appointed to appear in court on behalf of a child) can prove at trial that the defendants in the case violated CA's mandatory abuse reporting statute and that the violation caused injury, then the guradian has established a basis for civil liability.

So you need a family law attorney to help you become the guardian and then you can sue on behalf of the child using a medical malpractice attorney. California’s statute of limitations for medical malpractice lawsuits can be found at California Code of Civil Procedure section 340.5. This kind of case must be brought “within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury,” or within three years of the date of the injury, whichever comes first.

You can use the form at the link above to have a ad litem appointed until you can be the official guardian and replace the ad litem. The ad litem can then file the suit in a timely manner.

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Legal Discussion by Email. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Maverick replied 1 year ago.

Yes, I can help you by email. It would be under the same terms and conditions as above. Please let me know what further assistance you would like so that I can send you a quote for additional services.