Legal Question in Medical Malpractice in California
100,000.00 foot
10/02 I had emergency operation, a cast on my ankle was to tight. I complained tighter than last cast. New assistant put it on said it had to be that tight,I took his advice.My foot would swell more. 3 wks later my foot turned blue and very cold I panic. Called the Dr. he was not in Mon. seen assistant, Nurse was very concerned, assistant took cast 1/2 off not knowing what the Dr. would want to do, said he did not know what was wrong. My skin was folded over on the top of my foot it was so tight.Wed. Dr. said I was fine not to worry. Fri. foot was cold and blue. I panic contacted a special artery Dr.Mon. had to have an emergency operation. Now 100,000.I only have 1 month left. Dr. that operated gave me a letter explaining why happened cast to tight.HELP
1 Answer from Attorneys
Re: 100,000.00 foot
The first thing any attorney will need to know is has the doctor who performed the second surgery opined that the second surgery was necessitated because (and only because) the cast was too tight? Secondly, what are the expenses and damages that resulted from the second surgery. Yes, the pain does count as damages, but we more importantly need to know if you have actual expenses (lost wages, medical bills paid by you, etc.) If the only tangible damages were medical bills and, if those medical bills were paid by an insurance company, you may be hard pressed to find an attorney to take such a case.
If you are worried about the statute of limitations, call the Bar Association in your County and ask for a referral to an attorney experienced in medical malpractice actions and request a free consultation on your case.
Be forewarned that attorneys have to be very selective of such cases as they are expensive to litigate, damages are limited by law and, most importantly, not every medical result that turns out wrong is due to negligence.
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