Legal Question in Consumer Law in California

Civil Case?

I took my son to an urgent care facility (over a year ago) for a sore throat and swollen glands. The treating Physician was obviously unstable. He was staggering and slurring his words. He did a quick look at my son, mumbled a few things and walked out. I filed a complaint with the medical board who did an investigation. They found that he had suffered a stroke less than a month prior to treating my son. The board has started with their accusations. I want to sue the clinic for negligence since they had to have known the doctor had suffered a stroke less than a month prior and the Medical Director and other staff members had to know he was not well, yet allowed him to treat patients. My son's illness was not life threatening, but what if?? I believe the clinic was negligent for allowing him to treat ANY patients. By the way, he suffered another stroke less than a month after treating my son. Do you think I have a case?


Asked on 5/12/09, 6:20 pm

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: Civil Case?

Which clinic was this? Were any other patients wrongly treated?

Best,

Daniel Bakondi, Esq.

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Answered on 5/12/09, 7:24 pm
Thomas Mauriello Mauriello Law Firm, APC

Re: Civil Case?

You have no case. Your son did not suffer any damages.

If you really are concerned about the doctor's potential threat to the public - as opposed to interested in trying to make a buck when you have suffered no injury -- then follow up with the medical board and the hospital to make sure that this doc is better or if he is not fit to practice then to see that he is not practicing. I am very glad to hear that your son is well.

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Answered on 5/12/09, 9:15 pm


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