Wasn't his doctor.

[Trista Gale]

Jurisdiction

California

My grandson Kenai Justin Leo Jones was born on 8/7/17 in SF, due to prenatal testing results.
There is so much that the hospital staff had done, that resulted in one of their medical staff, overdosing Kenai with morphine 2 days before he was to come home. The doctor the evening of Sept 2nd, was NOT his doctor nor the doctor scheduled to care for Kenai. She failed to look at his medical chart, before administratoring the morphine, which would have alerted any and all medical staff that Kenai was NOT to receive any medicine (not even Tylenol) without my daughter being present and having a signature. He was 28 days old, when this doctor walking past his hospital room felt he was uncomfortable, so she felt the need to medicate him.

 

[cbg]

Thank you for sharing your story. When you have a legal question, be sure to let us know.

 

[army judge]

My grandson Kenai Justin Leo Jones was born on 8/7/17 in SF, due to prenatal testing results.
There is so much that the hospital staff had done, that resulted in one of their medical staff, overdosing Kenai with morphine 2 days before he was to come home. The doctor the evening of Sept 2nd, was NOT his doctor nor the doctor scheduled to care for Kenai. She failed to look at his medical chart, before administratoring the morphine, which would have alerted any and all medical staff that Kenai was NOT to receive any medicine (not even Tylenol) without my daughter being present and having a signature. He was 28 days old, when this doctor walking past his hospital room felt he was uncomfortable, so she felt the need to medicate him.

If your daughter wishes to learn if her concerns amount to any malpractice claims, she should consult a couple medical malpractice attorneys to discuss the tragic situation with them.

 

[Trista Gale]

If your daughter wishes to learn if her concerns amount to any malpractice claims, she should consult a couple medical malpractice attorneys to discuss the tragic situation with them.

My daughter is 16 years old

 

[Trista Gale]

Thank you for sharing your story. When you have a legal question, be sure to let us know.

My daughter is 16 years old. I am truly sry that I didn't put our legal questions down.
Q1. If we have the proper documents that show our concerns of how things were handle that night. And so very much more. Does it sound like we have a case against the doctor and the hospital?
Q2. What will it take to get an attorney to take the case?

 

[cbg]

The answer to both of your questions is the same - Only if you are able to show some permanent or long term damage that can be directly related to the fact that he was given medication without your daughter being present. Med-mal cases are extremely expensive; it can cost thousands of dollars just to have the case reviewed, and unless there is some evidence that Kenai was not just harmed, but permanently harmed, by the fact that his mother wasn't there for the medication, no lawyer will even look at it.

 

[mightymoose]

You said he was overdosed on morphine. Did the child die?

 

[Trista Gale]

You said he was overdosed on morphine. Did the child die?

Yes he passed, and the with that being said, we had a medical directive in place, handed to every medical staff on his team. They have refused to give us access to his medical records, and refuse to sign off on a death certificate

 

[army judge]

They have refused to give us access to his medical records, and refuse to sign off on a death certificate

Please accept my condolences upon the loss of your grandchild.

You can take your daughter to a couple of medical malpractice lawyers to see what legal remedies might be available.

As the child's mother is also a minor, I suspect you'll have to bring the case on her behalf as her parent.

That is why this case will be very complicated, even beyond proving any liability of the medical facility and its staff.

You're going to have to hire a lawyer to stop the stonewalling.

It can't hurt to talk to three or four lawyers.

Most lawyers will provide a case evaluation at no cost.

You'll also learn if the case will be taken on a contingency basis.

If none of the lawyers wishes to proceed on a contingency basis that often means your case isn't as strong as you might believe.

You'll only learn more by making those appointments, having a discussion, and hearing what the various lawyers suggest or propose.

I wish you and your family well.

 

[cbg]

I'm so sorry. That wasn't clear from your original post. I didn't understand that the child died.

That's a very different situation than I had originally thought. By all means have your grandson's records reviewed by a med-mal attorney.

 

[ElleMD]

The case wouldn't be because the meds were given without the mother present (and it is unclear what purpose the approval of a 16 year old would serve), but whether it breached the standard of care. If it was medically appropriate to give him the meds, it isn't malpractice. It also matters a great deal what actually caused the death.

 

[ElleMD]

Your state limits malpractice cases to one year so it may already be too late.

 

[zddoodah]

What was the child's date of death?

 

[army judge]

My daughter is 16 years old

Have you or your daughter thought about talking to a counselor, therapist, religious officiant, or psychologist?

Sometimes when we see certain unexpected deaths, we can all use a little help as we mourn and grieve the sudden loss.

Talk to someone today, it is going to be tough, but you have to hang on to help your child.


Wrongful Death:

If based on health care provider negligence (medical malpractice), three years from date of injury or one year after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first. Calif. Code of Civil Procedure, Sect. 340.5.

You can also discuss the possibility of a "wrongful death" lawsuit.

These CA lawyers discuss "wrongful death" in CA:

California Wrongful Death Laws :: Reseda Wrongful Death Attorney Gary K. Walch

Wrongful Death Statute of Limitations in California - GJEL Accident Attorneys

Statute of Limitations - Wrongful Death - California Law

 

[Highwayman]

What was the child's date of death?

9/2/17

 

[Trista Gale]

The case wouldn't be because the meds were given without the mother present (and it is unclear what purpose the approval of a 16 year old would serve), but whether it breached the standard of care. If it was medically appropriate to give him the meds, it isn't malpractice. It also matters a great deal what actually caused the death.

We had placed a medical directive in order and gave it to every Medical staff member that was on his team. Not only that it also stated in the medical directive that they were not to do any DNA testing until after he was 6 months old they admitted that they had done it before the first family meeting.

 

[Trista Gale]

9/2/17

They said that he had passed away on the 4th of September when in fact it was the second of September

 

[Trista Gale]

What was the child's date of death?

Sept 2nd, 2017
But they stated to the funeral home that he passed on Sept 4th, 2017

 

[Trista Gale]

Have you or your daughter thought about talking to a counselor, therapist, religious officiant, or psychologist?

Sometimes when we see certain unexpected deaths, we can all use a little help as we mourn and grieve the sudden loss.

Talk to someone today, it is going to be tough, but you have to hang on to help your child.


Wrongful Death:

If based on health care provider negligence (medical malpractice), three years from date of injury or one year after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first. Calif. Code of Civil Procedure, Sect. 340.5.

You can also discuss the possibility of a "wrongful death" lawsuit.

These CA lawyers discuss "wrongful death" in CA:

California Wrongful Death Laws :: Reseda Wrongful Death Attorney Gary K. Walch

Wrongful Death Statute of Limitations in California - GJEL Accident Attorneys

Statute of Limitations - Wrongful Death - California Law

Our whole family goes to counseling and my daughter also sees a grief counselor as well thank you for your advice

 

[army judge]

Our whole family goes to counseling and my daughter also sees a grief counselor as well thank you for your advice

That is a start, so just hand in there.

My son-in-law was killed in Afghanistan about six years ago on active duty fighting with the 101st Airborne.

My daughter is still grieving, and my four grands are as well.

We all process death in our own way.

God bless you all.