QUESTION

Can I sue the hospital for my daughter’s death if she was sent to the ER twice for high fever but was sent home both times?

Asked on May 06th, 2015 on Personal Injury - California
More details to this question:
The coroner’s office is viewing my daughter’s death as a possible OD or suicide. The cause is not really known. I am viewing it as the doctors should have done more for my daughter. She went to ER twice in a row because she was running a high fever of 103.6 and sent home both times. She was found dead in bed the next morning.
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4 ANSWERS

You need to discuss the case with several medical malpractice attorneys to see what they think. They will not charge you for the consultation. Your case does not seem easy. First you have to find out what caused her death and whether it is related to what ever caused the high fevers. If there is no relationship, then any negligence by the hospital was not the cause of her death.
Answered on May 08th, 2015 at 3:55 PM

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Edwin K. Niles
Of course you can sue. However (thanks to the doctor lobby) Med (and Dental) Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report(up to $5,000). Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn't think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one.
Answered on May 08th, 2015 at 3:53 PM

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Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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I am sorry for you loss, but you need an expert medical opinion to back up a medical malpractice claim.
Answered on May 08th, 2015 at 3:49 PM

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Personal Injury Attorney serving Pasadena, CA at Law Offices of Pius Joseph
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I suggest that you conduct a private autopsy immediately to determine cause of death. If hospital committed an error, you will need the autopsy results and pathology results to determine what happened. Good Luck.
Answered on May 08th, 2015 at 3:49 PM

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