Legal Question in Medical Malpractice in California

I was recently diagnosed with moderate to severe emphysema. Since my doctor did not diagnose this condition in its early stages, could I sue? Do medical malpractice lawyers handle these types of cases on contingency? What are the chances of prevailing?


Asked on 2/09/11, 2:34 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Your question describes a long developing disease, without saying anything about your current doctors saying that lack of treatment has damaged you.

If you are claiming medical malpractice, your claim must be supported by the opinion of a doctor who is a 'qualified expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning the treatment fell below the acceptable standard of care, and that such negligence caused legally recognized damage or death. Neither your opinion about malpractice, nor mine, is relevant nor 'proof' of malpractice. You are not supposed to file suit without having that expert opinion available. Consult with your other treating doctor[s] to see if they are willing to provide that opinion and testimony, or you can contact independent experts for that purpose. I can provide referrals and assistance if necessary. If you obtain such an expert's testimony, and if you determine that you have a case with MERIT [provable malpractice and a likelihood of winning], VALUE [substantial provable damages] and COLLECTABILITY [defendant with substantial assets or insurance], then you would have proper grounds to bring your legal claims in a lawsuit. Keep in mind that you have only one year maximum from 'notice' or learning of the suspected malpractice to bring suit. Please contact me to discuss the situation. Your other questions are far premature.

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Answered on 2/09/11, 5:24 pm


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