Legal Question in Medical Malpractice in California
why cant I find an attorney willing to take my case? took a hep c test in 1993 and was informed that the test was negative, took another test in 2003 again was told negative, in 2006 new replacement doctor (same clinic) told me my test was positive for hep c in 2003, but 2b sure he retested me again and yes it was positive, he just told me he was sorry that my test resulted in positive hep c, and that was the end of it. 2010 I went to see a gastronoligist for a colonoscopy (since Im over 50) and she saw these rashes on my legs and told me that was sign for cihrosiss, I said I dont drink, but she said if you have hep c and no treatment then it develops into cihrosiss, so she refrd me to a liver specialist who ran a biopsy ect and told me I was in stage 4 hep c. my liver doctor was suprised that the doctors and that clinic never order testing such as blood work and biopsy or at least refer me to liver specialist. As result of no testing and delaying treatment I am now advance to stage 4. Im tired of hearing about this tort law for medical negligence that was initiated in 70's for up to $250,000.00 and because attorneys look at it as business decision and therefore will reject your case. there has to be someone out there to take a case such as mine, doctors cant get away with just ignoring a patient diagnosis along with testing & treatment. have I suffered as a result of this: yes, depression, nausea, mental weardown forgetfulness confusion concentration fatigue, missing work exhausting all of my sick leave & vacation so I can just rest. having to go on temp state disability for this condition, and who know if it becomes permanent.
1 Answer from Attorneys
I am sorry for what happened to you. My mother also had a situation in which the physician had committed malpractice but even though we got one law firm to accept the case they eventually dropped it because it was too difficult to prove malpractice given what the economic recovery might be. Malpractice cases are costly to handle so attorneys,being in the business of the practice of law, do have to make economic decisions. There are many injustices in life, and you unfortunately have suffered one of them.
Since you knew back in 2003 that they had been wrong as to the test results, you have a big statute of limitations problem. All that you can do is keep on trying to find an attorney willing to handle the case. You can write the clinic and give they a factual statement of what you believe occurred, but do not declare that there was malpractice so that the Dr. does not threaten to sue you for defamation, as you would then have to pay out of your own pocket for an attorney [you might be able to cross-complain as to the malpractice damages, but it a costly matter].
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
