Legal Question in Medical Malpractice in California

Re: Multiple Sclerosis Negligence

IF your current doctors [or an expert doctor you hire] are prepared to say the original dianosis was 'below the standard of care', then you have a claim. Medical malpractice cases are the toughest there is to win, and they aren't settled. I would be happy to discuss it with you, but the burden in on your doctors to prove your case with their testimony, so that is what has to be discussed.

Re: Multiple Sclerosis Negligence

You probably heard from other lawyerson this site that your medical records must first be reviewed. As part of my private practice, I represent clients in medical malpractice matters and can assist you as well.

MS is diagnosed when it is clear from neurological tests and a neurological examination that lesions are present in more than one area of the central nervous system (usually the brain and spinal cord) and that damage has occurred at more than one point in time.

A diagnosis of MS is made when you have a combination of:

--Two separate episodes of neurological symptoms�such as weakness or clumsiness, vision problems, tingling or numbness, or balance problems�that a neurologist can verify. Each episode must have lasted at least 24 hours and occurred at different times.

--Symptoms that indicate injury to more than one part of the central nervous system and laboratory tests that show abnormal findings consistent with a diagnosis of MS.

--No other disease or condition that is clearly causing the symptoms and test results.

The main question here is what were the initial symptoms, clinical charting, as well as test results. If the aforementioned is obtained and is not conclusive, then you have a case.

Let me know if I can help. (323)782-0099

Re: Multiple Sclerosis Negligence

yes, possible. Would need to confer with doctors who tells us whether or not the misdiagnosis was malpractice/below the standard of care.

Joel

JOEL SELIK

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Re: Multiple Sclerosis Negligence

Maybe. Your medical records, all of them, have to be reviewed. The nature and extent of your pain and suffering may limit your action as a practical matter. Medical malpractice cases are expensive to prosecute because of the need for medical experts who have to be paid win or lose, as you go. Pain and suffering damages are limited in CA to $250,000. So questions of loss of earnings, future medical care, etc. are very important.

A qualified medical malpractice attorney will initially review your case for free if you obtain or pay to obtain the records. This can run a couple of hundred dollars.

Re: Multiple Sclerosis Negligence

Much depends on whether or not there really was a mis-diagnosis or just a situation where the diagnosis of MS was a reasonable one, based on the facts. You will need to have the records reviewed by a qualified MD. An attorney can handle that aspect for you, getting the records and finding an appropriate doctor to review the records. Let me know if you want to talk more about this issue. Barry Snyder 805.692.2800

Re: Multiple Sclerosis Negligence

Thank you for your trust in sharing your legal issue with LAW OFFICES OF MEHRBAN & ASSOCIATES. This communication is merely for general legal information and thus, it may not be substituted for a legal consultation. Neither, does this communication shall create an attorney client relationship. Please contact an attorney for legal advise.

Maurice Mehrban, MD, Esq., is Board Certified Internist, and Board Certified Cardiologist Medical Expert in active practice of Medicine & Law. He is further Board Certified in the field of Forensic Medicine. Maurice Mehrban is a licensed Attorney in California and Federal Courts, and he is admitted to Supreme Court of England & Wales.

We are very surprised that you were treated with chemotherapeutic agents when the diagnosis of MS was not affirmed by any test with high specificity and sensitivity. Treatment of MS and other neurological ailments alike, may not be ventured without complete diagnostic evaluation with CT Scan, MRI, etc. In fact,we are very interested to know whether the diagnosis was affirmed by complete neurological work up.

It is not fair that we surmise about the facts, however if the treatment was started without proper affirmative diagnosis and real medical diagnosis was in contra [this is almost impossible with today's approach to treatment of MS], the conduct may be unsubstantiated and unjustied in lieu of current standard of neurological care.Further fact finding is absolutely indicated before we can render any opinion.

Please feel free to contact Law Offices of Mehrban & Associates at: (310)804-5225; losangelesfirm.com

As an alternative, you may contact any other attorney for help. Califonia Bar Association will be helpful when you need to find allorneys in California

With due respect,

Law Offices of Mehrban & Associates