Legal Question in Medical Malpractice in California

My mom had a recalled hip device implanted in CA and now she has to have the surgery again, can she sue the doctor?

My mom is on state disability, she is prevented from having over a certain income, will they cut her off of the disability if she is rewarded a lawsuit? My mom lives in Ky now.

Thank you,

Kurt


Asked on 5/17/10, 11:21 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Keep in mind that in California cases you have only one year maximum from 'notice' or learning of the malpractice to bring suit. Sounds like she is within that time limit if she still hasn't gotten surgery done. If the doctor and surgery were in CA, and if she is within one year of learning of the problem, then feel free to contact me to discuss. If you are claiming malpractice, your claim must be supported by the opinion of an 'expert' in that field of medicine. In your case, proof of recall is probably enough to satisfy your requirements. Then, 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.

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Answered on 5/24/10, 12:04 pm


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