Legal Question in Medical Malpractice in California

I had back surgery in Feb, have only seen once, and had refused to see me several times. I also believe that he did not fix everything that needed to be fixed. Is there anything I can do legally to this surgeon?


Asked on 11/04/10, 10:51 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If you are claiming medical 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 the 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. 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.

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Answered on 11/09/10, 12:14 pm


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