Legal Question in Medical Malpractice in California
malpratice
curently on disabilty (thirty year old workmans comp injury) had another operation , days after operation contracted infection resistant to antibotics and treatment.
2 Answers from Attorneys
Re: malpratice
Mr. Roth has explained your options!
Re: malpratice
This may or may not be malpractice. Post op infection is an inherent risk. You will have to get the case reviewed by a physician who would be willing to testify if there is malpractice and causation. Figure on about $3000 to pay for the review and collection of the records. If there is not case, you will have spent the $3000. If there is, it will cost more in costs of suit, primarily expert witness fees and deposition expenses.
Unless you have permanent residual injury due to the infection, it is probably not worth it economically. Legal fees are contingency. No recovery no fee, and governed by statute in CA.