San Diego

San Diego Hospital Negligently Discharged National City Patient Who Later Died, Says Lawsuit from Family

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Published on August 11, 2023
San Diego Hospital Negligently Discharged National City Patient Who Later Died, Says Lawsuit from FamilySource: Google Street View

A tragic event has sparked a heated legal battle, as Joanna Hurtado, a San Diego woman and mother of two, has filed a lawsuit in San Diego Superior Court against Paradise Valley Hospital, claiming that they should have done more to prevent the death of her children's father, Alberto Herrera Jr. Hurtado alleges that the hospital negligently examined, diagnosed, and treated Herrera prior to his death in August 2022, according to FOX 5 San Diego.

The San Diego Union-Tribune reports that just last year, Herrera, a 32-year-old father of two young daughters, was admitted to the Paradise Valley Hospital in National City due to a combination of acute pancreatitis, kidney failure, and suspected alcohol withdrawal symptoms. Herrera was initially admitted to the emergency department on August 10, 2022, but on August 11, after leaving the hospital, Herrera collapsed in front of a local taco shop and died shortly after.

Medical records obtained by Hurtado note Herrera's mental state was compromised, showing signs of agitation, confusion, and even violence. However, other records indicate that hospital staff observed him as lucid, which conflicts with Hurtado's claims that the hospital should have done more to prevent Herrera from leaving, based on his mental state at the time, as shared by NBC San Diego.

On August 10, Hurtado led a protest outside of Paradise Valley Hospital, seeking accountability for her children's father's untimely death and demanding improvements in patient care at the facility. While hospital officials expressed sympathy for the family's loss in a statement, they remain unable to comment on the ongoing litigation.

According to NBC San Diego, a report by the California Department of Public Health found that Paradise Valley Hospital should have more thoroughly documented Herrera's condition and circumstances. However, the department did not hold the hospital responsible for failing to detain him. This information may prove crucial to the outcome of Hurtado's lawsuit.

Hurtado's primary goal in filing the lawsuit is to bring about change to prevent similar situations and losses for other families in the future. The well-being of her two daughters, aged nine and two, remains her driving motivation. "My kids miss him, and them asking for him is the worst for a parent," she shared with FOX 5 San Diego.