Legal Question in Legal Malpractice in California
I had been treated for azma for a couple of years and given inhalers from my doctor, my breathing started getting worse I got to the point where I couldn't walk across the room without sitting down because of shortness of breath and exhaustion and chest discomfort, then I started gaining weight or so I thought, I went to my dr one day and told him I couldn't breath and I seemed to have gained weight all of a sudden, he gave me a breathing treatment and came back and asked if I felt better, I said no, he said to just keep using the inhaler, I left there and went to emergency, as soon as i told them my symptoms, they came around and looked at me and rushed me in and hooked me up to machines, it appears I have congestive heart failure and was admitted, I was told if I hadn't come in that day I wouldhave died, my doctor is my my daughters family dr as well, he apologized to my daughter and said none of the tests he did on me indicated any heart problems with my heart, well here's the kicker, this all happened in august, well i picked up all if my medical records and to my disbelief, there in my records from his office that a test done in may found o had a heart
Disease and an enlarged heart, i looked this up of course and it said that left untreated it would become severe enough to cause heart failure...., I don't think to this day he knows that it was a heart disease that he left untreated, also when I walked out of his office that day, my oxygen level was 60 and my blood pressure was 80/60, and my heart function was 15%, I know have to take meds for the rest of my life and my heart function is less than 30, I have not told my daughter any of this, I really don't know what to do. Any advise would be helpful
2 Answers from Attorneys
I am sorry to hear about your situation. You have posted this under legal malpractice however, which has nothing to do with your potential claims for medical malpractice. You should consult with an attorney who specializes in medical malpractice immediately.
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. 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 if your treating doctors say there is negligence but they won't testify. 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.
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