Legal Question in Medical Malpractice in California

Do I have a case

in 2005 I was diagnosed with Avasucular Necrosis of the hips and was put on crutches. Through out 2006-early 2007 I saw 2 different doctors and 2 different Orthopedics to get MRI's and xrays done to help figure out why I was having issues with my lower region. the 2 Orthopedics confirmed I need hip replacement surgery but denied it to me cause I was not over 65yrs old. If I pay out of pocket for this surgery it's going to cost me at least $72K is there something I can do?


Asked on 6/04/07, 11:30 pm

1 Answer from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

Re: Do I have a case

The issue is not malpractice here but your inability to pay for the surgery. The doctors diagnosed you correctly and told you what needs to be done. Since it is not a life threatening situation your local ER will not do it. Thus it becomes an issue of non-emergency elective surgery.

If you have health insurance, it should provide coverage for the surgery. If you are uninsured, then you should try to get coverage so that you get the surgery. If you are financially unable to get insurance and can't work, check with your local Social Security Office to see if you qualify for SSI and/or SSDI benefits. Also, check with your local Department of Public Social Services to see if you qualify for medical benefits/assistance.

Lastly, go to your County hospital and see if you can sign up to get the surgery.

Good luck.

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Answered on 6/05/07, 10:56 am


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