On December 18th, 2024, The Washington Post reported that a California family is taking action to file a wrongful death lawsuit against One Medical—Amazon’s primary care provider—after a man died following a virtual appointment. The victim was just 45 years old. His family alleged both recklessness and negligence on the part of the telemedicine provider. Here, our Stockton wrongful death attorney provides a more detailed overview of the case.
Family Brings Wrongful Death Claim Against One Medical (Amazon Company)
In December 2024, the family of a 45-year-old biotech worker named Philip Tong filed a wrongful death lawsuit against both Amazon’s One Medical and an Oakland hospital. Mr. Tong, who was a resident of Alameda County before he tragically passed away in 2023, had a telemedicine consultation with a provider from Amazon One Medical. During that appointment, he reported very alarming symptoms, including shortness of breath, coughing up blood, and blue discoloration of his feet. The recommendation from the Amazon One Medical provider was reportedly for Mr. Tong to obtain an inhaler. Tragically, Mr. Tong collapsed and passed away just hours later.
His surviving family members have filed a wrongful death lawsuit on the grounds of medical malpractice. The claim alleges that negligent care on the part of Amazon One Medical contributed directly to the death of Mr. Tong. Among other things, the civil wrongful death lawsuit contends that Amazon One Medical lacked adequately trained staff and, as a result, it provided careless and negligent treatment. At the time of his death, Mr. Tong was reportedly suffering from uncontrolled diabetes, chronic kidney disease, and sepsis. He was facing a true medical emergency.
Medical Providers in California May Be Liable for Wrongful Death (Medical Malpractice)
When you or your family member gets medical care, you have the fair, reasonable expectation that the treatment will be proper and of high quality. In California, all medical providers—from doctors to specialty clinics to hospitals—have a responsibility to follow the standard of care. Medical providers in California can be held liable for wrongful death if their negligent actions or omissions constitute medical malpractice. Under California law, surviving family members may file a wrongful death claim if a healthcare professional’s failure to meet the standard of care directly causes a patient’s death. An example of medical negligence is failure to diagnose. Failure to diagnose an emergency medical condition could lead to delayed treatment that contributes to a wrongful death.
The Elements of a Wrongful Death Medical Malpractice Claim in California
To bring a successful medical malpractice claim of wrongful death in California, surviving family members must be prepared to prove several required legal elements. These cases should always be investigated and handled by an experienced California wrongful death lawyer. Here are three required elements of a wrongful death medical malpractice claim:
- Duty of Care (Doctor-Patient Relationship): The first element requires proof that a doctor-patient relationship existed. Without a doctor-patient relationship, there can be no medical malpractice. It is this relationship that creates a legal duty for the medical provider to deliver care that meets established professional standards. In the case of Mr. Tong’s, the duty arose during his telehealth consultation with One Medical. California law is clear: Telehealth providers still owe a duty of care. By agreeing to assess and provide medical advice for his reported symptoms, the One Medical provider assumed a duty to act.
- Breach of Duty of Care (Professional Negligence): Once a duty of care is established, the plaintiff must show that the provider breached it by failing to meet the expected standard of care. For most medical malpractice cases for wrongful death, it is the alleged breach of duty that is the most challenging element for victims to establish. Defendants and insurers often try to fight back against allegations of negligence. Mr. Tong’s lawsuit alleges that One Medical’s provider acted negligently by dismissing critical symptoms𠄔such as shortness of breath and blue discoloration. They reportedly advised him to purchase an inhaler instead of seeking emergency treatment. The failure to recognize and address life-threatening conditions may constitute medical malpractice.
- Causation (Connection Between Breach and Death): Finally, it is imperative to establish a causal connection between the professional negligence and the death of the patient. In this case, the lawsuit asserts that the provider’s failure to recommend urgent care contributed to Mr. Tong’s collapse and death shortly after the consultation. Most likely, expert testimony may be required to show that timely, appropriate intervention could have prevented the fatal outcome. Indeed, expert testimony often plays a big role in medical malpractice claims. It is often used to establish not just that the medical provider breached the proper standard of care, but also that the breach in question contributed to the death of the patient.
How Our Stockton Wrongful Death Lawyers Can Help
The loss of a loved one is a terrible tragedy. If they lost their life because of negligence on the part of a medical provider, grieving family members may have a viable wrongful death claim on the grounds of medical malpractice. These are notoriously complex legal cases. At Redkey Gordon Law Corp, we fight for justice for families navigating civil wrongful death claims. With a strong record of case results, our team is always ready to invest the time and resources needed to hold negligent medical providers accountable. An initial consultation with our Stockton wrongful death lawyer is free, confidential, and carries no additional obligations.
Contact Our Stockton, CA Wrongful Death Attorneys Today
At Redkey Gordon Law Corp, our Stockton wrongful death lawyers are compassionate and experienced advocates for grieving families. We always put victims first. If your loved one passed away due to medical negligence, we are here to help. Contact us today for your free, no obligation initial case review. We handle wrongful death cases in Stockton and throughout the wider region, including in Sacramento, Sutter Creek, Manteca, Galt, and Lodi.