Legal Question in Medical Malpractice in California

Personal Injury -- Medical Malpractice

I have had 3 surgeries over the last year and a half. The

attorney who had originally started the case last year,

stepped aside because it wasn't economically feasible for

him. He moved his offices to downtown Sacramento and

mostly does large class action suits. I need an attorney.

There are some deadlines coming up for me over the next 6

weeks. He dropped the case at a critical time for me and

the lawsuit.

I had a bilateral breast reduction on August 20, 2001 and

contracted staph and another bacteria. It ate the sutures

away and I in turn spent a year of my life with 2 large

open wounds on my breasts. About the size of a

grapefruit.

The hospital and the surgeon have both been served. I need

someone to take over the case. I have spent the last year

and a half of my life in horrible pain. I have lost my

job, my house, and many other things due to this event.

Please consider this case.

Thank you...


Asked on 2/19/03, 6:40 pm

4 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Personal Injury -- Medical Malpractice

I can't add much to the responses which have preceded mine. While your case is a breast reduction case, in the sense that you that was your surgery. But, any surgery brings with it the risk of infection, and many infections can be difficult to treat. A breast reduction surgery is a lot of cutting, a lot of suturing and a lot of opportunity for infection. Bad outcomes happen even without medical negligence. In order to win this case one would need to identify specific departures from the minimum standard of practice required today of your health care providers. This can only be proved with "expert testimony." Ergo the questions about a doctor who had expressed an opinion that your problem here was caused by negligence and is willing to testify to that fact. I can assure you that the defense will have a plethora of MD's to access who will be willing to say that this in an unfortunate outcome, but not one caused by professional negligence.

There are substantial costs associated with prosecuting these types of cases, both out of pocket and psychologically and emotionally. If you lose the case you will be potential liable for thousands of dollars in court costs and expert witness fees, even though no attorneys fees will be charged. You should consider this as well.

You are in the Tahoe area and I assume the surgery was up there. I am in Los Angeles. Nevertheless I am willing to travel for a meritorious case with substantial damages and a good case of liability. I have tried cases as far away as Long Island, NY.

If your MD has told you that you have been wronged by a negligent or careless physician, I would be willing to review the matter further and consider taking the case. Otherwise, not.

Good luck. I hope you find some peace of mind over this whatever route you take.

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Answered on 2/19/03, 7:41 pm
Dennis Blum Josephs & Blum

Re: Personal Injury -- Medical Malpractice

Give me a call at 415 544-0400.

Dennis Blum

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Answered on 2/20/03, 2:24 pm
Joel Selik www.SelikLaw.com

Re: Personal Injury -- Medical Malpractice

Need more information. What are current injuries/problems. Do you have an expert who said the doctor acted below the standard of care?

Joel Selik

http://www.drmalpractice.com/

www.SELIKLAW.COM

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Answered on 2/19/03, 6:45 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Personal Injury -- Medical Malpractice

i feel and empathize with your overall situation, not just from a legal standpoint. you sound like a good person and im sorry you have had to go thru all of this medically as well as legally. i would consider it an honor to try to assist you legally if you are able to email me the facts of your case from start to finish to the best of your recollection. make sure to include all pertinent dates as well. also, let me know if your previous attorney had expert witnesses on hand in the medical profession who were able and willing to show that your surgeons fell below the standard of care other surgeons would have used in your situation. finally, let me know how far along your case has progressed to this point, i.e filing dates, court appearance dates, etc...as well as what part of california you are located. email me today and hopefully i can give you some answers by tomorrow.

[email protected]

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Answered on 2/19/03, 6:55 pm


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