Legal Question in Medical Malpractice in California

I had my appendix removed at a county hospital by a surgeon that only practices there once a month or so when they are understaffed. I was discharged 12 hours later with no antibiotics, only vicodin. That night and the following day I had 103 temperature and went back to the ER. They sent me home saying that they didn't know what was wrong. I went back again the next day with the same fever. The first doctor told me to take motrin and stop wasting thier time. I got the attending doctor's attention and he gave me a CT scan which revealed that the surgeon left 2 cm of my appendix still inside. Even the CT operator commented that it was a 'botched' surgery. They admitted me and pumped some heavy antibiotics into me with a liquid diet for two days. They released me with a prescription for antibiotics. The fever never came back, but I am weakened and lost 20 pounds from the ordeal. Then I get a bill for $40k. $25k of it is from after the original surgery. My contention is that I shouldn't have to pay the $25k and maybe some pain and suffering as well?


Asked on 3/19/11, 1:51 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You have described a potential medical malpractice case.

The rules are that 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. 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. 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.

You could consider having an attorney negotiate a settlement that provide waiver of the fees and costs in return for not filing suit, if that is really what you seek. It might be worth a try.

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Answered on 3/19/11, 1:59 pm


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