Legal Question in Medical Malpractice in California

Medical Malpractice - Was this neglect?

I was recently diagnosed with Chronic Kidney Disease. The damage to my kidneys is irreparable, and I am now waiting for a donor. Urinalysis reports indicate there was protein in my urine dating back to 2002. However, my doctor failed to confirm the abnormality, as there should be no protein in the urine, which is symptomatic of kidney disease. Each year from 2002 to 2007 my doctor ignored or neglected the level of protein in my urine, and neither reconfirmed this through a 24-hour urine sample collection or even to inform me I could have problem. It wasn't until another doctor in her office saw my 2007 urinalysis that it was brought to my attention, and I was immediately referred to a nephrologist. If not for this, more than likely, I would have gone longer without diagnosis, given the fact that my doctor failed to notify me for the last five years. If I could have been treated sooner, perhaps instead of transplant, I would be on medication, or if transplant were necessary, I could have been wait listed 5 years ago.


Asked on 9/15/07, 9:24 am

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Medical Malpractice - Was this neglect?

Probably. And one needs to tie down the question, when did the standard of practice require that you be diagnosed and treated, and what would have been the likely outcome. This case must be worked up by a med mal lawyer, which will require running the medical records by a nephrologist. It is possible that your treating nephrologist will be willing to testify, but doubtful.

Med Mal in California must be handled on a contingency basis and the fees and method for computing the fees are regulated by statute.

I see you are up in Sonoma. Have the case evaluated by a qualified med mal attorney in the San Francisco Bay area.

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Answered on 9/29/07, 4:11 pm


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