Legal Question in Medical Malpractice in California

Can you file a Malpractice in small claims, and what is the time status.

I have Crhones and had a planned surgery to get rid of the blockages in my intestines. My stomach looks like the ''elephant man'' after the surgery. Or like I have a

''second buttocks'' for a stomach. I hate it! The surgery was July 2001. The Dr. promised that my stomach would look normal after about a year, except for a scar. The scar is nothing, I can live with that, but I could never have a relationship with this deformity. I want the hospital to pay to correct the disgusting job that they did on my stomach. I know that I can only sue for $5,000 in small claims. The cost to repair my stomach is $15,000. But at this point 5,000 would cover at least 1/3 of it, even if I'm having to go through the pain. Is there such a thing as malpractice in small claims court? Has the statue of limitations run out even if I was mislead by the doctor about the time of recovery? Thank you for your help. I am in Irvine Ca. And also lived here when this all took place in a hospital in The City of Orange, Ca. Thank you


Asked on 2/21/04, 2:38 am

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Can you file a Malpractice in small claims, and what is the time status.

Yes you can, but you probably can't win. Medical malpractice must be proven through the testimony of competent medical experts. If you had a good case you would find an attorney willing to take the case on a contingency basis, i.e. no recovery - no fee. But, the statute of limitations periord may have expired. The surgery was July 2001. Assuming you complained about the result in January 2002 and the doctor said it would look normal but for a scar in a year, that takes you to January 2003 when you when you suspected professional negligence caused the unacceptable result. You had a year from then to file suit, i.e. January 2004. It is now February. The statute is three years from surgury or one year from the time you discovered or reasonable should have discovered the injury and its negligent cause, whichever is shorter. The assurances from the doctor will extend the 1 year period, but not forever.

I don't have all of the relevant facts of your case, so this is not a legal opinion on your case! You should have the matter reviewed by a competent attorney in your area.

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Answered on 2/21/04, 9:08 am


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