Legal Question in Legal Malpractice in California
my father had to have his leg amputated about 3 days ago due to neglect from the nursing home that he was in my mother is filling a claim against the nursing home what else can we do for malpractise and neglect
4 Answers from Attorneys
I dont know where or how she is "filing a claim" - but she should have an attorney, collect evidence as needed, maybe make a demand, and bring a lawsuit.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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Tell Mom to stop doing whatever she is doing. This is a serious legal matter and she could seriously hurt her case by trying to do it herself. She needs to call a lawyer right away.
Your mother should contact a medical malpractice attorney immediately. Contact me for a free consultation.
Please contact me to discuss the situation. If you are claiming malpractice, your claim must be supported by the opinion of a doctor who is an 'expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning your treatment fell below the acceptable standard of care and caused the damage or death. Neither your opinion about malpractice, nor mine, is relevant or '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. Then, 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 malpractice to bring suit. That can be extended for up to 90 days by timely sending them a 'notice of intent to sue' before the year runs out.