Legal Question in Medical Malpractice in California

Bury you. Then, your heirs could investigate and determine if they have grounds for a wrongful death malpractice action.

The instructions to your heirs are: 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 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 the 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 malpractice to bring suit. That can be extended for up to 90 days by timely sending them a 'notice of intent to sue' before the year runs out. Please have them contact me to discuss the situation.

Now, if you believe you can obtain an expert opinion that proper and timely diagnosis would have allowed effective treatment, you can bring action before you die.