Legal Question in Medical Malpractice in California

Help

My partner had surgery in November 2000 on her right leg to allivate knee pain. The short story is now her leg, below the knee is turned out wards. It is not straight at all. The surgery was done a year ago and he (Dr.) just now says ''we may have over corrected the bone''. There are more complications. Since then - she lost her job because of the condition it left her in. It made pt impossible plus she developed a nerve disease in her foot. We know we need a second opinion but we are broke. What can we do?


Asked on 1/22/02, 5:41 pm

1 Answer from Attorneys

Joseph Low IV Joseph Hawkins Low IV & Associates

Re: Help

It is difficult to answer this question without the benefit of the medical records. If in fact that the doctor over corrected the bone and this could have been avoided then you have a case for negligence against the doctor.

However, this is dependent on certain facts that would go to prove that the doctor's actions fell below the standard of care currently exhibited by the health care industry.

This is a legal determination to a certain degree in that you have got to have the proper experts who will substantiate your claim.

In order to have these experts render their opinion as to whether or not there was negligence on behalf of the doctor would require me to get a copy of your friends medical records and have one of my experts in the specialist field review the notes and x-rays in order to give you an "accurate" and thorough opinion.

To say anything else such as you definitely have a case or that I can solve this problem for you would be intentionally misleading. Why? Because there are some procedures that may not render the desired outcome, but are not negligent. As you know, medicine is still not an exact science.

Further, you have to show that the doctor's care or lack of care is what caused the current condition. Sometimes it is not the procedure but the persons body or nature.

However, it sounds to me that with the nerve damage and the orientation of the bone that you may have a good case. Call me if you have any additional questions or concerns.

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Answered on 1/22/02, 6:31 pm


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