Wrongful Death Suit Filed In Former Hospital Patient's Death

SAN DIEGO, CA — The family of a man who died shortly after leaving Paradise Valley Hospital filed a wrongful death lawsuit Tuesday against the National City medical facility and several members of its medical staff.

Alberto Estrada Herrera Jr., 32, was admitted to the hospital on Aug. 10, 2022 for abdominal pain and was later found to be suffering from acute pancreatitis.

He was transferred to the Intensive Care Unit, but walked out of the hospital the following day, according to the lawsuit filed on behalf of ex-fiancee Joanna Hurtado and the couple's two children.

Later on Aug. 11, Herrera collapsed at a nearby taco shop and died shortly afterward.

In the wake of his death, Hurtado told media outlets that per medical records, Herrera displayed signs of confusion while at the hospital and at one point pulled out IVs applied to him and tore off restraints intended to keep him in bed.

A subsequent investigation by the California Department of Public Health found that Herrera left the hospital despite staff members advising him to remain, the San Diego Union-Tribune reported last month.

Hurtado's complaint alleges hospital staff allowed him to leave "without supervision or appropriate care despite that he was a clear and present danger to himself and others."

She alleges that the hospital should have kept Herrera there on a "5150" hold, which permits people to be held involuntarily for up to 72 hours if they are found to be a danger to themselves or others.

Hurtado also accuses the hospital of failing to conduct additional testing on Herrera "which would have revealed his true emergency condition."

— City News Service