Legal Question in Medical Malpractice in California

Civil Lawsuit and Medical Malpractice

I'm recently involved in finding an attorney for medical malpractice in California. Although I wasn't the victim, I obtained power of attorney to make any medical decisions for my husband. The doctor withheld information and lied to me about diagonistic/scanning procedures available, which in turn affected my decisions. This resulted in my husband's severe, neurological damage. Can this be a civil lawsuit? Is this a legal violation of my patient's rights?


Asked on 12/20/02, 11:35 pm

2 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Civil Lawsuit and Medical Malpractice

Your husband may have a cause of action for doctor's failure to provide important information which as you stated affected upon your decision. However, medical malpractice cases are usually complicated as they involve both, medical and legal issues which cannot be properly evaluated on this forum. So, take your husband's medical file to a lawyer who handles these types of cases. Or, if you'd like, we will look into it without charge for initial consultation. My number is (323)782-0099.

Read more
Answered on 12/20/02, 11:54 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Civil Lawsuit and Medical Malpractice

Absolutely. This falls under the law of "informed consent." A health care provider has the obligation to provide all information that a reasonable person would consider material (important) in making health care decisions.

There is a short time fuse for such cases. You must act quickly or risk losing your rights.

If you want we will review your case and give you our opinion for free. Although we are in LA, we litigate cases anywhere in the US.

Call me if you have further questions.

Read more
Answered on 12/21/02, 9:51 am


Related Questions & Answers

More Medical Malpractice Law questions and answers in California