General Negligence CA vs. Hospital

[agorsi]

California. I am filing in pro per tomorrow for Wrongful Death. My father died after a brutal 3.5 months in the hospital.

Throughout his stay, they did surgeries that I his next of kin was against. Removal of his gallbladder was the last unagreed upon surgery and my father passed a few days later.

DOes the hospital really have say in who makes decisions for the incapaciated? I always thought it was next of kin/as in me the only son.

They would call me infront of other family members to get me to agree to unneccesarry procedures. I would say no, and they would have any randomn family member sign it off. I am distraught after this kind of unethical, negligent, torterous care.

Do have I have legal rights?

 

[ecmst12]

Did you have power of attorney?

It is extremely unwise to try to handle medical malpractice/wrongful death actions pro se. Especially if you don't even understand the laws involved.

 

[Isis1]

California. I am filing in pro per tomorrow for Wrongful Death. My father died after a brutal 3.5 months in the hospital.

Throughout his stay, they did surgeries that I his next of kin was against. Removal of his gallbladder was the last unagreed upon surgery and my father passed a few days later.

DOes the hospital really have say in who makes decisions for the incapaciated? I always thought it was next of kin/as in me the only son.

They would call me infront of other family members to get me to agree to unneccesarry procedures. I would say no, and they would have any randomn family member sign it off. I am distraught after this kind of unethical, negligent, torterous care.

Do have I have legal rights?

first, i am very sorry for your loss.

and please realize i am not saying you don't have a case, but you need a medical malpractice attorney to overlook your case.

and there are some questions you will need to answer to get the right help.

are you aware of any power of attorney your dad may have assigned to anyone? exactly what papers were signed? what proof do you have that your dad would have survived if he did not undergo those surgeries?

 

[Proserpina]

And as a general rule, if an attorney won't take your case on contingency (in other words, they won't get paid unless/until you collect), you don't have a case.

That aside, death can be a complication of any and all surgeries. It does not necessarily indicate any wrongdoing.

 

[Adam G]

Do have I have legal rights?

A court must appoint you executor of your father's estate. Then you can sue on behalf of the estate.

A pro se case for medical malpractice brought by a non-attorney doesn't sound like it stands much of a chance. You might be want to try talking to the hospital ombudsman to see what he/she has to say.