Legal Question in Medical Malpractice in California

What kind of attorney do i need to a knee replace and it stiil hurts and hard to walk im in calif, thank you for your time


Asked on 8/23/11, 1:52 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Before an attorney, you first need an expert doctor telling you there was medical negligence or mistake somehow that created this condition, and that you are within the statute of limitations time.

When claiming medical malpractice, your claim must be supported by the opinion of a doctor who is a 'qualified expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning the treatment fell below the acceptable standard of care, and that such negligence caused legally recognized damage. Neither your opinion about malpractice, nor mine, is relevant nor '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 if your treating doctors say there is negligence but they won't testify. I can provide referrals and assistance if necessary. 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 three years max from this surgery, or one year from 'notice' or learning of the suspected malpractice, to bring suit. If you believe you meet all those criteria, feel free to contact me.

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Answered on 8/23/11, 3:25 pm


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