Legal Question in Medical Malpractice in California

Can I file a suit against a hospital for a misdiagnosis? My husband went to St. Bernardine's Medical Center because he had had a high fever (about 102+) for a couple of days and his left leg became extremely swollen and red and the redness started going up his thigh. At the hospital they said he did not have a fever (he took motrin prior to going to the ER) and then did an MRI. The doctors never even looked at his leg. They gave him a presctription for 20 vicodin and said they found no reason for his pain. The doctors did not even look at his leg. The next morning his fever was 103.7 and I took him to Arrowhead Regional Hospital and they admitted him right away saying he could possibly have to have his leg amputated. Who knows what would of happened to him if he would of done what

St. Bernardine's told him to do.


Asked on 2/09/10, 10:29 am

2 Answers from Attorneys
Daniel Bakondi The Law Office of Daniel Bakondi

You may have a good case. Please contact me to discuss filing a lawsuit promptly.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

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Answered on 2/15/10, 10:05 pm
Terry A. Nelson Nelson & Lawless

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, IF 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 please contact me to discuss the merits and value of your claims. 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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Answered on 2/17/10, 11:34 am


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