Legal Question in Medical Malpractice in California

My doctor didn't inform me that I had kidney disease last year, and this year it's worse. My GFR last year was 54 (same doctor) and now it's 42, She didn't even discuss it with me during my visit this time, I found out when I saw it on my patient plan, it says "STAGE THREE Kidney disease WORSE" I asked her on my way out what I need to do, and she said "just drink plenty of water" She also told to keep taking advil for pain, advil is very bad for kidneys This doctor is just too busy. I am currently learning all I can about how to take care of my kidneys, they cannot get better, but you can try to maintain them, had I known this last year maybe I wouldn't have gotten worse. I have since learned that some of my co-workers have complained about her to our insurance company. She is a terrible doctor, very hasty and rushed. Now I may end up on dialysis if this goes to stage four.


Asked on 12/14/13, 8:51 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Bottom line:

You can not file a medical malpractice case unless and until you have a doctor experienced in that field of medicine willing to credibly testify as an 'expert' that there was negligence/ malpractice in your diagnosis and treatment, and that it caused recognizable damages to you.

Go consult with your current treating doctors to see what they say, and ask them for referral to someone in the field who is willing to be an 'expert' for hire.

IF and when you obtain a n expert to so testify, then you can discuss with counsel the merit and value of your potential malpractice case.

Feel free to contact me if you can't find anyone to act as your expert, as I can refer you to the appropriate experts for you to consult. We can talk about the case, facts, issues, etc.

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Answered on 12/16/13, 1:22 pm


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