I would like to ask if there is a medical malpractice on my case, This is the facts:
December 23, 2013, my son was admitted in a private hospital because of a vehicular accident and upon admission he was in coma. He was being ct scan and the doctor explian that he has a little crack in his head and also a little blood in his brain that according to the doctor it can be treated through medication and without any surgical operation. By that that time they keep on prescribing a lot of medicines that we didn't know, the nurses just told us to go to the pharmacy and get the medicine because it already in their computer. Sometime On Dec. 28, they took an x-ray on my son's chest and they let him sit on the bed in a comatose state, so i help the nurses to let him sit on his bed while in coma, after day or days pass by, my son doesn't have any improvement at all, and that's the time it was my ffirst time to see his doctor and ask him why the position of my son's head is the same as if he has a stiff neck, and the doctor told me he doesn't know so we agreed and decided to undergo a another ct scan for the 2nd time, in which the result came out to be that my son's neck has a terrible damage or fracture on his neck and the blood in his brain was too big and the brain bulge that was already Dec. 30, and when I told the Doctor we are going to transfer my son to another hospital and while we are processing for the transfer that was Dec. 31 , The Doctor did not come anymore to at least clean my son's scalp because of the puss, and check my son's status because he is still in coma, they keep on prescribing medicine for him, However, we were about to transfer my son to another hospital on Dec. 31 until Jan.1 but the Doctor did not allow us because we not able to pay our remaining balance which is the professional fees, because we already spent more or less 200,000 for his hospital bill, we were asking for compassion and write a promissory note and give a down payment for his professional fee but still he did not allow us to transfer until we gave a lot title of a our friend and borrow money and give an ammount of 30,000 pesos and a promissory note for our remaining balance for his professional fees that's the time we were be transferring my son but it was too late my son died on the same day. When the embalmer also said that my son's left hand was also fractured which the doctor never told about that to us, i don't know if the doctor knew it or not, but if my son's body needs to be exhumed to be examined and prove what the embalner sair and other considerations for a case, then i will do it.Until now we have a remaining balance and the lot title at the hospital as our collateral. my Queston is: If I will sue the Doctor or the hospital, is there a sufficient or substantial case that I can sue them? or i can sue the Doctor for malpractice or negligence? Is there a case that it can build on this? Thank you and I hope it will help me.