[CA] Can I sue for medical malpractice if the autopsy findings conflict with what the hospital told us?

CA Personal Injury

Liz

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With the conflicting information, if you want to seek a wrongful death suit, these are some options: (CA Civ Pro Code § 377.60)

Consult a Medical Expert
Start by having a medical professional review both the autopsy report and the hospital records. This will help clarify any discrepancies and determine if there was a deviation from standard care.
Gather All Documentation
Ensure you have all relevant documents, including medical records, autopsy reports, and any communication with the hospital. Organize these documents chronologically to make it easier for legal and medical experts to review.
Seek Legal Advice
Contact a lawyer who specializes in medical malpractice. They can assess the strength of your case based on the evidence and advise you on the best course of action.
Consider Filing a Complaint
If advised by your lawyer, you may file a complaint with the medical board or relevant regulatory body in California. This can initiate an investigation into the hospital's practices. (CA Bus & Prof Code § 2220)
Explore Legal Action
If there is sufficient evidence of malpractice, your lawyer might suggest filing a lawsuit against the hospital or specific medical professionals involved. (CA Civ Pro Code § 364)

Please let me know if you have further questions. I'm so sorry again for your loss.

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My spouse died in the hospital. On May 23, 2025, I suspect this was due to malpractice. I obtained their autopsy. I need your advice. What can I do to find out if I have a case?

Lexi, Chatbot

I'm so sorry to hear about your loss; that must be incredibly difficult for you. Have you already consulted with any medical professionals regarding the autopsy findings?

Not yet.

Lexi, Chatbot

Do you have any documentation or records from the hospital related to your spouse's treatment?

Yes, all of it!

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your malpractice case.

Yes.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. First, I am so sorry for your loss. So I can best help, was a cause of death determined?

We got the autopsy report and it mentioned that the cause of death was valley fever. Right before he died, we had met with his care team. They mentioned that he had an infection and they couldn't determine what strain was causing it, so they put him on max dosage of antibiotics. We asked if it was his valley fever and followed up asking if they were still giving medication for it. They said that his liver was so damaged that they couldn't continue giving him the valley fever meds. But the autopsy mentioned nothing about his liver being damaged.

Liz

I'm really sorry to hear about the discrepancies you're facing with the autopsy report and the hospital's statements. It must be incredibly frustrating. Could you let me know where this happened? The location can affect the legal process and options available to you.

The autopsy says it's valley fever, but according to the hospital it was cardiogenic shock and acute myocardial infarction. San Francisco.

Liz

Thanks for sharing that. It sounds like there are some conflicting reports about the cause of death. Was the autopsy done by someone you hired?

University of California, Los Angeles (UCLA).

Liz

Got it, thanks for clarifying. It sounds like the autopsy was done by a reputable institution. Have you had the conflicting records looked over by a doctor?

Liz

With the conflicting information, if you want to seek a wrongful death suit, these are some options: (CA Civ Pro Code § 377.60)

Consult a Medical Expert
Start by having a medical professional review both the autopsy report and the hospital records. This will help clarify any discrepancies and determine if there was a deviation from standard care.
Gather All Documentation
Ensure you have all relevant documents, including medical records, autopsy reports, and any communication with the hospital. Organize these documents chronologically to make it easier for legal and medical experts to review.
Seek Legal Advice
Contact a lawyer who specializes in medical malpractice. They can assess the strength of your case based on the evidence and advise you on the best course of action.
Consider Filing a Complaint
If advised by your lawyer, you may file a complaint with the medical board or relevant regulatory body in California. This can initiate an investigation into the hospital's practices. (CA Bus & Prof Code § 2220)
Explore Legal Action
If there is sufficient evidence of malpractice, your lawyer might suggest filing a lawsuit against the hospital or specific medical professionals involved. (CA Civ Pro Code § 364)

Please let me know if you have further questions. I'm so sorry again for your loss.

Liz

43,836 satisfied customers

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