Legal Question in Medical Malpractice in California

what do you think my case is worth?.Dr. broke my leg during surgical manipulation, lesbian wife is claiming loss of consortium. I am now left with not being able to walk without assistamce / I use cane, wheelchair. im 60 yrs old. we were very active. now not so much.


Asked on 8/15/15, 8:09 am

1 Answer from Attorneys

Len Tillem Tillem McNichol & Brown

There's a potential case here. You certainly have damages. The question is whether or not there's liability. It's not enough to show that you are injured. You have to show malpractice, which means you have to show that the surgeon failed to act with the skill and care of a surgeon in good standing. Mere mortals such as you and I are not capable of making this determination - medical malpractice cases are proved by the expert witness testimony of, in this case, an experience surgeon. You should contact lawyers who do med-mal work to see if any are interested - keep in mind that the high entry bar to a successful med-mal case is such that 90% of the cases lawyers review aren't taken on.

Also, and this is most important. The statute of limitations is one year from the date of the discovery of the malpractice, which in a case like yours is one year from the surgery. So you can't wait if you want to file a claim.

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Answered on 8/17/15, 9:21 am


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