Legal Question in Legal Malpractice in California
Do I has a case
I can not fit the problem in here its very complicating however the just of it is my husband went to the doctor on 11-08-07 and there was to be a biopsy after fighting with the office lady she called him back the third month said he was negative but there was no paper work followed up from lab nor office so we called the lab ourselves and they never received it so the office gave him a wrong diagnoses and come to find out now after four months he has a type of skin cancer and is having one surgery today to remove a section I have all paperwork leading to neglect on the doctors office such as medical papers from both insurance companies paying and the notes in the file stats that Nancy told him they were neg and then they lost the sample and stating we were both in constant contact throughout these four months new doctors diagnoses and the letter from the lab stating they never received it so on and so forth
2 Answers from Attorneys
Re: Do I has a case
I second Mr. Cohen's analysis.
At present, this is a Small Claims matter.
Re: Do I has a case
This is a tough one. Did the cancer grow? Has the delay affected his prognosis, his pain? Are there any monetary damages other than payment to the first doctor's office? That would probably fall within small claims.