Legal Question in Medical Malpractice in California
I had an exploratory laparoscopic procedure a little over a week ago to look at my reproductive organs because I have had severe pain for a year now and any method of treatment for what my gynocologist thought was wrong wasn't working. But when I went in for my surgery several questionable things happened and I would like to know if I have grounds for a mal-practice law suit. First off when I was in the holding area waiting to go in to the OR there was a lot of commotion about a doctor that I heard the nruses talking about and the doctor they were speaking of was my anesthesiologist that would be handling my case. The nurses were saying things such as he is unable to function and making gestures like he had been drinking. When he finally came in to talk to me before surgery he thought I was another patient with another doctor and a nurse came in to remove him from the room. When I finally went in to the OR I was prepped and put on the table and was given medication to help me relax by this same anesthesiologist who then proceeded to tell the nurses I was recieving a spinal. When he said that everyone looked confused and I was confused because I was told I was going to be put under general anesthesia. So they gave me the spinal anyway and then laid me down and I was also put under general anesthesia. In the time since my surgery I have been in and out of the ER because of complications from the spinal such as urine retention and spinal headaches which resulted in a painful procedure to fix the problem and any time I explained to the ER staff such as doctors or nurses or the anesthesiologist who did the procedure to fix the problem they were all very confused and astounded that I recieved both a spinal and general anesthesia. I am unsure why I recieved both whether it was because the doctor was impaired or he thought I was a different patient or just made a mistake but I know I have been through a lot of painful procedures and pain from this incident. Do I have a case to file a suit against this doctor?
3 Answers from Attorneys
I would be interested in discussing this matter with you further., as you may have a good case. Please call my office and leave your contact information for a free consultation. Thanks and best wishes, Elizabeth Karnazes
Good luck with this, and you may also want to make a written report to the Medical Board of California.
Yes, it sounds like medical malpractice and damage. Please contact me to discuss the situation. If you are claiming malpractice, your claim must be supported by the opinion of a doctor who is an 'expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning your treatment fell below the acceptable standard of care and caused the damage. Neither your opinion about malpractice, nor mine, is relevant or 'proof' of malpractice. You are not supposed to file suit without having that expert opinion available. Consult with your other treating doctor[s] to see if they are willing to provide that opinion and testimony, or you can contact independent experts for that purpose. I can provide referrals and assistance if necessary. Then, once you obtain such an expert's testimony, and if you determine that you have a case with MERIT [provable malpractice and a likelihood of winning], VALUE [substantial provable damages] and COLLECTABILITY [defendant with substantial assets or insurance], then you would have proper grounds to bring your legal claims in a lawsuit. Keep in mind that you have only one year maximum from 'notice' or learning of the malpractice to bring suit. That can be extended for up to 90 days by timely sending them a 'notice of intent to sue' before the year runs out.
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