Legal Question in Medical Malpractice in California

Doctors Negilgence

Hi ! My wife was in a car accident.She was taken to UCLA medical hospital. She had 4 stiches on her forehead. She was discharged the next day. Since then she is having sever head aches.

But later we came to know that Dr has not removed some foreign opaque bodies from the forehead.

Can i claim for pain & suffering my wife is having because of Dr's negligence. If So how much worth i a can claim?


Asked on 7/17/04, 10:03 pm

3 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

Re: Doctors Negilgence

It is important to know certain dates and some other pertinent information. If you'd like a free consultation, please email privately or call (323)782-0099 and I'll try to help you.

Generally speaking, any foreign non-theraputic body left behind, after a surgical procedure is considered a mal-practice. There are however, certain exceptions to the general rule.

Also, the headaches may not necessarily be the by-product of said foreign body, but may very well be a traumatic brain injury resulting from the accident, which needs to be evaluated ASAP.

You should also look into (1) who caused the accident? (2) Is there adequate insurance or assets available, if it was caused by a third party, (3) Was the third party, if any, or your wife during the course and scope of their employment when this accident occurred? (3) Is there worker's compensation insurance involved? (4) Was there a defect with any of the vehicles? (5) Was there any road hazard and/or visibility problems?

In other words, the case needs to be carefully evaluated by a competent lawyer, and the sooner the better.

Good luck,

Armen M. Tashjian, Esq.

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Answered on 7/18/04, 12:22 am
Terry A. Nelson Nelson & Lawless

Re: Doctors Negilgence

Assuming you can get the required opinion from another doctor that the conduct of the UCLA doctor is below the medical standard, and assuming your doctor expert supports the claim that the negligence caused your wife damage, you then can file a malpractice case and take it through trial. Malpractice cases are virtually never settled, but are normally vigorously defended, for a lot of reasons. But, if your wife's damages from the negligence justifies doing so, it may be worth spending the thousands of dollars in costs that will be required. That is the analysis any attorney will go through in deciding whether to take the case. Feel free to contact me if you already have an expert doctor's opinion, or for referral to a doctor that you can consult for that purpose.

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Answered on 7/18/04, 7:13 pm
Terry A. Nelson Nelson & Lawless

Re: Doctors Negilgence

I neglected to say that, any malpractice claim should be coordinated with the Personal Injury claim arising out of the accident. Contact me to discuss if interested in pursuing that damage claim.

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Answered on 7/18/04, 7:14 pm


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