Legal Question in Medical Malpractice in California
Medical malpractice? I live in California and had applied to receive MediCal due to medical needs. I am a type 1 diabetic for over 31 years and complications have been escalating.
The state sent me for an examination to check the status of my medical condition. But then was denied based upon the medical report. I did not have a copy of said report until yesterday, when I went to the appeal hearing. The judge hearing the appeal was recording the session and he did state that I was denied MediCal due to the medical report.
The report specifically staes (and I quote) "The medical evidence shows that apllicant's diabetes is under control and has not affected other vital organs."
Now here is the problem. There is absolutely no way for the doctor to make such a statement to be factual or accurate. It is completely false and extremely negligent.
How is it false and negligent?
After taking the typical vitals by the nurse (height, weight, blood pressure (which was high), etc.) the doctor comes in for the exam. he asks me a couple of questions, writes down his notes. Here was the entire exam...
1) stand up from the examination table, walk a few steps (3-4), then walk back to theexam table and sit down.
2) put your arms out to your side
3) touch your nose with both hands
4) put your arms out in front of you and use your hands to push up on the doctor's hands, then push down on the doctor's hands.
That was the entire examination (about 3 minutes)! No blood was taken, no urine, they did not even check my sugar level! This was totally bogus and I was denied MediCal because of it.
Then they make such a report that is purely impossible to make such claims and or statement.
Is this medical malpractice? If so, I would like to get representation and file a suit for such negligence.
Thank you in advance.
1 Answer from Attorneys
As I have answered previously on countless occasions regarding the viability of bringing a medical malpractice case, you must prove that your doctor's conduct and care fell below the normal standard of care of doctors practicing his same profession. You must prove that the doctor was negligent, and that most other doctors would have done things differently. You must pay a doctor to review your facts and give an opinion if the treating doctor was negligent.
Even if you prove malpractice, you probably do not have any damages as result of this doctor's malpractice.
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