Legal Question in Medical Malpractice in California

back surgury

had one back surgury in calif and needed another and found in second mri that the same disc protrusion was present in second mri. sould this be grounds for malpractice since i have lived in severe pain for over two months with morphine tablets?


Asked on 11/01/07, 1:26 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: back surgury

Maybe. You have to have an attorney that specializes in this get the records and have the case reviewed by an orthopedic surgeon or neurosurgeon that specializes in spine surgery.

There are three issues:

Was there negligence?

Did the negligence cause a problem?

Is the problem big enough to sue over?

You cannot prevail in med mal without expert testimony. It costs, out of pocket $30,000 or more to litigate one of these, so the damages have to be serious to warrant a lawsuit.

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Answered on 11/07/07, 9:37 pm


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