Legal Question in Medical Malpractice in California

Is there a case in CA which has awarded damages to a Diabetic patient who was administered the wrong type of insulin injection?


Asked on 10/29/09, 2:14 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Yes, there are plenty of medical malpractice cases. That's not your problem. If you are claiming malpractice, you must have an 'expert' practitioner in that area of medicine willing to testify that the treatment was negligent and thus malpractice, in that it fell below the acceptable standard of care. Neither your opinion nor mine is 'proof' of malpractice. Talk to your current doctor[s] to see if they are willing to say so, or contact independent experts for that purpose. I can provide referrals if necessary. Then, if you determine that you have a case with merit [likelihood of winning], value [substantial provable damages] and collectability [defendant with substantial assets or insurance], I;ll be happy to talk to you about your rights and remedies.

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Answered on 11/03/09, 5:50 pm
Terry A. Nelson Nelson & Lawless

FOLLOW UP ISSUE:

In a medical malpractice action, the time for filing suit is three years after the date of injury or one year after the plaintiff discovers the injury. Don't delay.

Yes, there are plenty of medical malpractice cases. That's not your problem. If you are claiming malpractice, you must have an 'expert' practitioner in that area of medicine willing to testify that the treatment was negligent and thus malpractice, in that it fell below the acceptable standard of care. Neither your opinion nor mine is 'proof' of malpractice. Talk to your current doctor[s] to see if they are willing to say so, or contact independent experts for that purpose. I can provide referrals if necessary. Then, if you determine that you have a case with merit [likelihood of winning], value [substantial provable damages] and collectability [defendant with substantial assets or insurance], I;ll be happy to talk to you about your rights and remedies.

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Answered on 11/03/09, 5:54 pm


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