Legal Question in Medical Malpractice in California

do i have acivil claim for malpratice,

right knee . the doctor invovled did surgery. about nine weeks after the surgery I complained that the doctor should not put me on therapy because of pain still in the knee. I returned to this doctor because swelling continued. he drained my knee.The doctor said he could not look at the left knee because out of professional courtesy.To his co-doctor well the doctor put me permenantand stationary Two months after surgery, and cliamed no permenant damage. And, that I could preform my usual duties. I insisted on a MRI and he said know its just healing. So, I went to a treating Doctor for a completely Different injury. And, requested a MRI For the left knee and right knee which showed the left knee with additional tears and the right with the same conclution. So, I filed a QME and the doctor from the insurance Co. stated that both knee need operations. If, the doctor would have listen to me and taken the steps to insure that my injuries were in fact worse I would be back on my feet. The doctor always rushed me in and out with long waiting period. Due to to many patients. And,issuing a report. With on going injuries just to make insurance Co. happy.


Asked on 1/13/04, 5:45 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: do i have acivil claim for malpratice,

You may have a viable claim. But the only way to evaluate the claim is to make a thorough review of your medical records. You should contact an experienced med mal lawyer with contacts to evaluate the case and have the records reviewed by a competent orthopedic surgeon. You should do it now. The statute of limitations for medical malpractice is one year after the patient discovers or reasonably should have discovered the injury and the negligent cause. You must protect your rights and move quickly.

Contact me if you want us to look further at your case. There is no legal fee involved.

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Answered on 1/13/04, 5:54 pm


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