Legal Question in Medical Malpractice in California

It would be considered malpractice if the care you received is below the standard, which can only be assessed after reviewing your complete medical chart.

When 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. Neither your opinion about malpractice, nor mine, is relevant nor 'proof' of malpractice. What may seem obvious to you and I is not necessarily a conclusion an expert will support. 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 if your treating doctors say there is negligence but they won't testify. 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. Also keep in mind that you must first review all the disclosure documents and Releases and Waivers you signed in order to get treatment, to see if can even make a claim.

If serious about getting counsel to consult or help you in this, feel free to contact me.