Legal Question in Medical Malpractice in California
I went to a Medical Spa for injectable filler in my laugh lines (nasolabial folds). The spa�s medical director was not on site. He never met, spoke to or examined me. My only contact was with the registered nurse who performed the procedure. Prior to procedure, I told nurse �needles can make me faint� and requested she numb injection area. (Common practice and offered with procedure.) Nurse repeatedly assured me it was not necessary. I did faint and awoke to a hysterical nurse. She told me she could not finish the injection and instructed me to stand up and meet her at the front desk. The nurse�s improper instruction caused me to faint two more times. I incurred paramedic, emergency room and taxi fare expense and lost wages and would like reimbursement.
The incident happened Oct 2008 but it was not until Nov 2009 that my private physician heard the details of this incident and informed me this was medical malpractice. Who is financially responsible? The nurse, doctor or business owner? Do I file medical malpractice claim with nurse or doctor�s insurer? Is there a time limit to file insurance claim? If I need to sue in small claims, do I sue doctor or nurse? If I am not within statue of limitations to file lawsuit against doctor or nurse can I sue the business owner for personal injury? (FYI: Doctor currently defending negligence/substandard patient care lawsuit filed by the California Medical Board.)
2 Answers from Attorneys
Too bad you blew the statute of limitations which is two years.
The time limit to file an action against a medical provider is not two years. Actions against health care providers are governed by a special statute. "In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first." (Code of Civ. Proc., sect. 340.5.)
You need to consult with a competent attorney who is familiar with medical malpractice actions, and you need to do so as soon as possible.
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