93.1. Kiss FM – Ask A Lawyer – Part 3 – February 2022

Mike: It’s “Mike and Tricia Mornings” at 93.1 KISS-FM. Our feature is “Ask a Lawyer” with Michael Gopin who answers your legal questions, tries to steer you in the direction that you need to go to take things where they need to be taken to.

Tricia: Okay. So here’s Annette. She says, “I think I have a potential claim against my mom’s ER doctor. She fell and went to the hospital. They sent her home saying that everything was okay but they didn’t do any X-rays or MRI to check for damage. She had a brain aneurysm that caused her death.”

Michael: I’m so sorry about your mom, Annette. There’s a lot of questions I have regarding your case. How much after she went to the hospital did the brain aneurysm occur? Was it the next day, a couple of days later? Can we relate the brain aneurysm to the fall, first of all? That would be the first question.

Yes, we do handle medical malpractice cases. Well, I guess what I’m saying is, is the aneurysm related? Did the aneurysm…the aneurysm was probably there before this happened but, you know, why and when did this occur, are the key questions here. The ER doctor may be held responsible if the standard of care that they gave was less than normal and reasonable. We will have to get a doctor to review all the medical records. We get all the medical records from the ER doctor and the hospital and have them looked over by a physician in that same area to decide if the treatment they gave your…was it your daughter?

Tricia: Mom.

Michael: Your son? Your mom, excuse me. Yeah, your mom, was reasonable or not and if an X-ray or MRI was necessary. So the time length is the most important here. How far after the hospitalization did the aneurysm occur? I think that’s the key in this case.

Tricia: Okay. And then Bonita says she wants to adopt her granddaughter after her mom passed in March of 2021. She wants to know, is there some kind of form she needs? Can she process this through the downtown courts? Is this possible without getting a lawyer?

Michael: It’s possible without getting a lawyer but most likely, you’re gonna need a lawyer to help you. You’d have to file an adoption with the courts. It would be at the courthouse downtown. I don’t know if there’s a father involved who has parental rights. Is the granddaughter living with you now or not? So those are key questions. Certainly, grandparents can adopt their grandkids if necessary and it happens a lot. So if there’s no father involved, it’s a very, you know, good possibility that you could win and get the adoption going through. You could also get a guardianship perhaps. But I think a good family lawyer would be somebody that you wanna talk to because this can be complicated and it’s not as easy as just a form or anything.

Tricia: Right.

Mike: Yeah, it probably is best they get some kind of legal.

Michael: That would be my advice, yeah.

Tricia: Yeah.

Mike: Right? Or at least speak to somebody first before you feel like you can proceed on your own without their help.

Tricia: Yeah.

Michael: Right. Because this can be what’s in the best interest of the child, and so that you might need an expert. There’ll be a lot of background checks of you and your husband if you have one. And so all that is time-consuming and things that you may need assistance with.

Mike: Yeah. All right. Thank you again, Mr. Michael Gopin.

Michael: You’re welcome. Thanks for having me.

Mike: Appreciate you coming in. We’ll see him again next month. This is “Ask a Lawyer” on kisselpaso.com. On the “Must Read” bar, there’s a section where you can ask questions for his next go-around on kisselpaso.com. You can also ask him via the apps, submit audio, or you know, text away, and then we’ll see you next month.

Michael: Sounds good. See you guys then.

Mike: Michael Gopin, “Ask a Lawyer.” “Mike and Tricia Mornings.”

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Michael J. Gopin

Michael J. Gopin has practiced law in El Paso since 1987. Even after more than 30 years, he still remembers his first jury case. It was two weeks after receiving his license, when he represented a person whose life had been forever changed after being blinded in a work-related incident...