Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

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: 5 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 5 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,136
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 5 months ago
thank you Ray,let me know if you need more detail.
Lawyer: Ray, Lawyer replied 5 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: 47,136
47,136 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
Is there a lawsuit when you find green mold in a breakfast jack at jack in the box
My wife currently craved some breakfast jacks and she is five months pregnant and there I went to jack in the box and ordered breakfast jack came home she cut her sandwich in half and there was green … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,344 satisfied customers
In the Illinois Drainage Code is it legal to ditch water across
In the Illinois Drainage Code is it legal to ditch water across high point between two different drainage fields?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I was video taped having sex with my ex boyfriend without my
I was video taped having sex with my ex boyfriend without my knowledge or consent… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,889 satisfied customers
There's a judgement against me, which I thought had been
There's a judgement against me, which I thought had been dismissed based on the register of actions. Where it mentions “ The court enters judgment on the complaint in the amount of 0.00 principal, 0.0… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,519 satisfied customers
My next door neighbor built a non permitted airbnb. My
hello there my next door neighbor built a non permitted airbnb … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My niece is currently receiving money from a wrongful death
Hi, my niece is currently receiving money from a wrongful death lawsuit for her 1 1/12 year old son. His father was shot and killed by the Los Angeles Police department and his grandmother filed and w… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,591 satisfied customers
I have a question about a potential lawsuit, or series of
I have a question about a potential lawsuit, or series of suits … read more
Bill Attorney
Bill Attorney
law
2,268 satisfied customers
Am I within the time frame to be able to slap the two of
Am I within the time frame to be able to slap the two of them with personal injury. And/or what do can you recommend. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I took my 2012 chevy cruze to a repair shop and they said it
I took my 2012 chevy cruze to a repair shop and they said it would be ready in a week.It has now been 7 weeks and all I get from them is I understand and they make one excuse after another.My cars eng… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Can you expect to receive and/or ask for punitive damages in
Can you expect to receive and/or ask for punitive damages in Small Claims Court for charges such as "Intent to Harm" and Trespass to Chattel?… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
460 satisfied customers
I was mailed a offer from Ralph's saying I would get a $50
I was mailed a offer from Ralph's saying I would get a $50 credit for leaving CVS and using their pharmacy. So I went through all the hassle switching it over. They filled my prescription and took my … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,324 satisfied customers
My friend tells me about a sex video a group of guys
My friend tells me about a sex video a group of guys uploaded to various adult websites. She says that the video was filmed ten years ago (age 18) and someone sent her links to the video clip last wee… read more
Bill Attorney
Bill Attorney
law
2,268 satisfied customers
How much is it to speak with a lawyer regarding a legal
how much is it to speak with a lawyer regarding a legal question? … read more
LegalGems
LegalGems
Juris Doctorate
11,968 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
Attorney
Doctoral Degree
4,519 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
11,968 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
My husband and I own franchise rights of the APA (American
My husband and I own franchise rights of the APA (American Poolplayers Association) in three counties in New York State. We were holding an APA tournament at a local bar and while doing so a player se… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
someone opened an llc in my name without my knowledge or consent.
someone opened an llc in my name without my knowledge or consent. is that fraud what can i do to stop it… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 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