Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I am trying to determine if we have a legal case against the…

Customer Question
I am trying to...

I am trying to determine if we have a legal case against the hospital and surgeon that traeted my father

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

CA

Lawyer's Assistant: Has anything been filed or reported?

No not yet my father just passed away, 6 days ago from a routine surgery.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We have reason to believe something was missed during this procedure which should have halted the surgery which led to his passing

Submitted: 2 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
12/13/2017
Lawyer: Ray, Lawyer replied 2 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 45,288
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Legal Question
Customer reply replied 2 months ago
thank you Ray,let me know if you need more detail.
Lawyer: Ray, Lawyer replied 2 months ago

You may well have a good medical malpractice claim under California law.Here in general, medical malpractice occurs when a healthcare professional breaches the standard of care when providing treatment to a patient.

This breach must then cause injury to the patient in order for the patient to have a medical malpractice case.

In California a standard of care is a technical term that refers to the generally accepted procedures and practices that all healthcare practitioners in the area would use when treating a patient suffering from a specific disease or ailment. This standard of care can vary depending on a number of factors, including the patient's age and overall health.

According to California malpractice law, a patient can file a medical malpractice claim up to one year after the discovery of the act that caused the injury or up to three years from the date that injury occurred. Whichever occurs first applies.

These strict time limits mean it is important for victims of medical malpractice to act fast here and seek to pursue it.

Under California law the money a patient seeks when filing a lawsuit against a medical provider for medical malpractice is known as damages. In medical malpractice cases, there are several types of damages available to an injured party. California malpractice law does place limits on some of these damages.

The first type of compensation is known as compensatory damages, which are also sometimes referred to as actual or economic damages. These compensate the victim for costs such as medical bills and lost wages due to missed days at work. California places no cap on this type of damages.

The next type of compensation is known as non-economic damages. These damages compensate the victim for things like pain, suffering, inconvenience, disfigurement, and physical impairment. In California, such damages are limited to $250,000. This means that the maximum a court can award an injured patient in a medical malpractice case for pain and suffering is $250,000.

Finally, patients may also seek punitive damages in certain situations. Punitive damages are awarded as a way to punish a medical provider for reckless behavior. Oftentimes, patients and their attorneys must prove that the healthcare professional actions involved malice or fraud in order to receive punitive damages. California does not place caps on punitive damages for most medical malpractice claims.

These are contingent fee cases you don't pay unless there is a recovery.

I hope you will pursue some justice here, I am so sorry for your loss of loved one.

Lawyer referral

https://www.lawyers.com/medical-malpractice/california/find-law-firms-by-city/

I appreciate the chance to help you today.Thanks again and thanks for rating 5 stars.

Ask Your Own Legal Question
Was this answer helpful?
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 45,288
45,288 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
What recourse do I have if another person has exposed an
What recourse do I have if another person has exposed an explicit photo of me without my permission to multiple sources? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I bought a travel trailer from a dealer 2 months ago and
I bought a travel trailer from a dealer 2 months ago and paid for it. I have yet to receive a title. What should I do … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
You really didn't tell me anything I didn't already know. Is
you really didn't tell me anything I didn't already know. Is there no way they can be pressured to give me my money back?… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I live in Houston state of texas and my xboyfried wont
I live in Houston state of texas and my xboyfried wont return my goods what can I do legally … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a neighbor's kid do who has done substantial damage
I have a neighbor's kid do who has done substantial damage to my car and my home and exterior structures. Can I go after them for punitive damages? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,619 satisfied customers
I have written a demand letter for damages in doing business
I have written a demand letter for damages in doing business with Comcast Wireless. They have answered the letter wnating to settle the matter. I am not clear about what punitive damages I am entitled… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
FOR promised he will do a thorough research on my behalf if
FOR JAMESJames promised he will do a thorough research on my behalf if I repost my questions in a new thread. So here they are...1. Is there a difference between malpractice law in a hospital setting … read more
Expert James
Expert James
Doctoral Degree
11,771 satisfied customers
For expert Ray: Civ050 asks for property damage and special
For expert Ray: Civ050 asks for property damage and special damage as well. For punitive damage, how much should I put there?… read more
Ray
Ray
Lawyer
45,288 satisfied customers
My wife is in a legal dispute with her former employer and
Hello my wife is in a legal dispute with her former employer and she recently won her judgement so now it's time for the punitive damages. However, one of the juror stated that she might not return du… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
I am trying to determine if we have a legal case against the
I am trying to determine if we have a legal case against the hospital and surgeon that traeted my father … read more
Ray
Ray
Lawyer
45,288 satisfied customers
Can you recommend a law firm in Illinois to go against
Can you recommend a law firm in Illinois to go against Ameren of Illinois for punitive damages? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Let's say I entered into a settlement agreement with a
Hi,Let's say I entered into a settlement agreement with a publisher after I was found to have sold counterfeit books from that publisher, agreeing not to infringe again. The contract also stated that … read more
Bill Attorney
Bill Attorney
law
1,746 satisfied customers
Would the proffer of evidence that a wife had been
Would the proffer of evidence that a wife had been systematically abusing her now dead husband for years, sufficiently to qualify as a crime in Florida under F.S. 825.102 Abuse... of Elderly Persons),… read more
Damien Bosco
Damien Bosco
3,677 satisfied customers
Do you know for sure if one can request and receive punitive
Hi, do you know for sure if one can request and receive punitive damages in small claims court in the state of Pennsylvania? If so, what must one demonstrate?… read more
Ray
Ray
Lawyer
45,288 satisfied customers
I had a tummy tuck done and it did not out well, first I was
Good afternoon. I had a tummy tuck done and it did not turd out well, first I was told that I had to wait 6 month then when I whet back for the 6 month ck up, I was told that it could not be revise an… read more
Ray
Ray
Lawyer
45,288 satisfied customers
Punitive damages cap for physicians in Utah? Have there been
Have there been successful cases against physicians in Utah for punitive damages … read more
LegalGems
LegalGems
Juris Doctorate
11,042 satisfied customers
My daughter was involved in a hit and run car accident which
My daughter was involved in a hit and run car accident which totaled her car. The other car took off but a witness took a photo of the car and license. The driver has a history of jail time for heroin… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
How would punitive damages in a Florida probate case be
How would punitive damages in a Florida probate case be calculated? (There is zero case law on the issue that I know of) Scenario: The only son of a man from a first marriage stands to be the benefici… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x