Legal Question in Medical Malpractice in California

botched surgery; refusal to refer out of medical group

I recently had a botched surgery. The doctor promised that if for some reason she could not do my surgery by laparoscopy there would be another surgeon to take over. There was not other surgeon and I have 2 pelvic masses that are growing .

Surgery was over a month ago and nothing is being done to help me. I FINALLY have an appointment with another of their surgeons.

I requested a referral out of the med group to City of Hope. That has been denied and I am waiting to hear from insurance company is they have denied my appeal.

The masses are possibly cancer but I do not think they are because my cancer marker numbers are on the low end.

Do I have a case? I need help!


Asked on 10/06/08, 3:11 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: botched surgery; refusal to refer out of medical group

You haven't necessarily described what was 'botched' [i.e., malpractice], only that the manner of surgery wasn't what was promised. If you mean that they failed to remove masses that should and could have been removed, then that would be grounds for a claim if you can get another doctor to confirm that it was negligence/malpractice. You can't file suit without having such opinion. Feel free to contact me if you are serious about getting legal help in this.

Regardless of whether the surgeon assists you in getting further care, you must get it. You can't sit back and do nothing, knowing there is a problem.

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Answered on 10/07/08, 8:04 pm


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