Legal Question in Medical Malpractice in California

Re: Do I have to file a medical malpractice case?

It depends upon whether the original GYN's failure to diagnose has caused you additional medical detriment and further pain and suffering. An independent medical analyst would have to review all of your medical records to make that determination before any attorney would even consider filing a lawsuit.

Re: Do I have to file a medical malpractice case?

Neither your opinion, nor mine, matters -- in order to file a medical malpractice case, you must have a doctor prepared to testify that the first doctor's diagnosis and treament was below acceptable standards and that his negligence caused you harm. If you have that, you have a case.

Re: Do I have to file a medical malpractice case?

It appears that the 1st OB failed to catch the tumor. The question, for the purpose of med-mal suit, is whether said failure was below the standard of care? If so, did it cause harm to you?

If your present OB says it was below the standard, then you've got a case that may be worth something.

The statute of limitation is up to three years or one year from the time you knew or should have known about the screw up. So, you must act promptly.

Good luck,