Legal Question in Medical Malpractice in California

ineed to know if i should pursue a case of muy husband being over medicated on beta blockers. they turned him into a vombie overnight. five days after the diagnosis he was put on diuretics when it was discvered that he had edemma. that was discovered from the x=rays taken on the same day as the original diagnosis (5 days earlier). no phone calls were ever returned by the clinic when messages were left about the swelling and lack of urination, even on the diuretics. we got him into the the hospital6 days later and he was already suffering from liver and kidney distress. he died four days later from cardiac arrest do to renal failure.
i can give more detail if you need it.

Asked on 2/28/10, 2:39 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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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 or death. 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 you would have proper grounds to bring your legal claims in a lawsuit. 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. If you think you have a case after reading and acting on the above, please contact me to discuss the situation.

Answered on 3/05/10, 4:26 pm

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