Legal Question in Medical Malpractice in California
Is It Malpractice When A Risk Comes To Be ?
Is it medical malpractice when a "risk" noted by the
attending doctor, an interventional radiologist, comes
true? I had a test, a venogram, to tell whether an
obstruction in the superior vena cava had returned
after angioplasty 6 weeks prior which we thought had
corrected the problem. The problem had not returned
but the surgeon did nick my lung causing a
pneumothorax necessitating my staying in the hospital
for an additional 4 days for treatment.It altered my
travel plans by the following restrictions: not to
fly or go to high altitude places (I was going to
visit my son in Denver in three days) then fly on to
Florida and a return flight to California. The
additional delay and expense was not compensated to me
in any way so far. Can I sue or request compensation
for the delays, my additional expenses for staying in
California, the additional hospital bill, the new
restrictions and limitations placed on my life, the
new medical problems it has left me with,(recurrences)
etc? If a complication is noted as possible, does
that release the doctor from any responsibility if it
1 Answer from Attorneys
Re: Is It Malpractice When A Risk Comes To Be ?
The fact that the complication was listed on the forms simply means that you gave an informed consent but does not release the doctor from still being required to exercise skill in the performance of the procedures. You probably do not have a very good case, and would need to have another doctor comment upon the specific techniques performed which review is required in order to establish medical negligence.
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