Legal Question in Medical Malpractice in California
Hi, I am a full time student at Heald College studying to be a MA. I am currently getting phone calls from a debt collector for my appendix being removed back in 2011. It was removed without doing the full exam that was necessary for the diagnosis. I am frustrated and I need help file a malpractice claim on John Muir. I am not going to pay for the surgery only because it was a false surgery, and that it did not need to be removed at all. What should I do?
2 Answers from Attorneys
Did you sign a consent form and agreed to have the procedure done? If so, why do you think the surgery was unnecessary? It seems like you are trying to get out of paying for it.
You only have one year from discovery of the malpractice to bring any malpractice claim. If you are still timely, feel free to contact me to discuss what "expert medical opinion" you have from other doctors in that field [which is required for a lawsuit] to corroborate your belief and testify that the operation was not necessary..
However, while it is possible, it would be a rare circumstance that the doctor and hospital did not obtain signed consent and disclosure forms, or at least witnessed oral consent from you, unless this was a medical emergency with you brought to the hospital unconscious, or something like that.
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