Legal Question in Medical Malpractice in California
I just found out after extensive testing at the Mayo clinic that there is a strong possibility that over 4 years ago after the c section birth of my daughter the doctor may have left part of the placenta in my uterus. I have been having pain and bleeding for 4 years. I went to him a few times and he did a procedure called ablation and I believe a d and c but the bleeding has not stopped and the pain is still there I went to the mayo clinic to have it diagnosed and they still running tests to see the outcome but they say it is 25-30% uterine cancer or 70-75% chance it is placenta left in by the doctor. I am curios about both of these as far as negligence on the part of the doctor. He may have caused injury to my body and I am not sure yet but it is possible that if placenta was left in that long it could have caused cancer. I signed some sort of arbitration agreement when he first saw me but I cannot imagine it covers negligence. can you advise I have suffered with constant bleeding and pain for 4 years now.
3 Answers from Attorneys
You should see an attorney right away. The facts that you describe cold lead to a claim for legal malpractice, but the statute of limitation may have expired. Also, it is impossible to say if the arbitration clause covers a malpractice action without reading the clause. Show it to your attorney, but make an appointment as soon as possible.
Would be curious as to your evidence and how you can prove what the doctor did wrong.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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Sorry, but -- for medical malpractice actions:
... commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs FIRST. In no event shall the time for commencement of legal action exceed three years ...
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