Legal Question in Medical Malpractice in California

I need a medical lawyer in the area of orange county CA for my husbands case can you please send me your rates basically this is what happened my husband came home from the gym and when he arrived at the door he had fell at the door and was complaning of hes heart hurting him he began to become unresponsive and i called the ambulance and they took him to the nearest hospital West Anaheim Medical Center and the doctor there checked him out but there diagnostic was a heart burn my husbands chest was still hurting him but they discharged him this was on saturday 5/7/2011 and on sunday he was in bed all day fever and sweating so i brought him to hes primary doctor on monday and after looking at him for a second he admitted him to the hospital because he had a heart attack after a quick EKG so they immediately went to do an angiogram they had to put 3 stents on him if he had not made it to the hospital the doctors said he would of had a massive heart attack and would of died the doctor from west anaheim had given him maalox to bring down hes heart burn so basically this doctor just dismissed him with out doing more test they said they did blood work but everything came out negative i think the reason why they didnt have him stay a night to keep an eye on him was because we forgot our insurance card at home and they kept asking about it i was so worried about my husband i didnt even think to take it. me and my husband are very upset at this situitation and need to make sure this doesnt happen to anyone else

Asked on 6/01/11, 3:02 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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When claiming medical malpractice as you are, 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/negligence, meaning the treatment fell below the acceptable standard of care, and that such negligence caused legally recognized damages. While your facts do seem clear that they should have diagnosed the heart problem in the beginning, 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. You need to consult with your new 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 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. If your doctors say he actually suffered physical and medical damage from delayed treatment, not just that it 'might have happened' if he hadn't gone to hospital when he did, then you could pursue this. If so, feel free to contact me. .

Answered on 6/01/11, 3:44 pm

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