Posted on Wednesday, July 19th, 2017 at 2:14 am
The family of a 15-year-old girl is blaming San Joaquin General Hospital for the teen’s death as reported Fox40 News. According to the news story, the teen was treated by her doctor for chest pain at the hospital. She was diagnosed with chest wall pain and sent home with medication. Her family stated that the teen’s health continued to worsen, so she was taken back to the doctor who said she was just experiencing inflammation.
Approximately two weeks later, the teen was rushed to the hospital by a family member after losing consciousness and vomiting. At the emergency room, doctors discovered multiple blood clots in her chest. Tragically, she died within a few hours. The family is waiting on autopsy results from the Children’s Hospital in Oakland to know the exact cause of death.
Proving Negligence in California Medical Malpractice Cases
When a wrongful death is the result of a medical error or negligence of medical personnel, the claim is governed by the medical malpractice laws in California. Doctors cannot guarantee results, and every bad result does not rise to the level of medical malpractice.
To prove medical malpractice, you must show that there was negligence by the healthcare providers and that negligence was the cause of the patient’s death. Proving negligence relies on proving that the doctor or other medical provider deviated from the medical standard of care used in similar situations. In most cases, establishing the medical standard requires the use of expert witnesses, usually other doctors, to explain to the jury how the doctor failed in his duty of care.
Damages in Medical Malpractice Claims
There is nothing that can bring your loved one back; therefore, the law can only compensate the family for the loss with a monetary judgment. The compensation for actual financial losses, such as future income and funeral expenses, are not capped, but there is a cap on the compensation for pain and suffering.
However, medical malpractice cases can result in millions of dollars in compensation for the family depending on the circumstances of the case. An experienced medical malpractice lawyer understands how to maximize the financial damages in addition to arguing for the maximum pain and suffering damages available by law.
Call a Sacramento Medical Malpractice Attorney Now for More Information
If you believe your loved one’s death was the result of medical malpractice, you need to act now. Your time to file a medical malpractice case is limited to one year from the date of death in most cases.
You can contact The Tiemann Law Firm by telephone at (916) 999-9000 or by visiting our website. Our California medical malpractice attorneys offer free consultations. We accept most cases on a contingency fee basis, so you do not pay our attorney fee until and unless we recover money for your medical malpractice claim.
Our law firm serves clients in Sacramento, Folsom, Roseville, El Dorado Hills and other communities in the greater Sacramento area.
Source: “Family Claims Hospital’s Negligence Led to Teen’s Sudden Death,” by Kay Recede, Fox40, July 14, 2017
