Legal Question in Medical Malpractice in California

my question is my husband came home from gym and wen he arrived at the door he had fell at the door and was complaning of hes heart hurting him he began to become unresponsive and i called the ambulance and they took him to the nearest hospital and the doctor there checked him out but there diagnoses was a heart burn my husbands chest was still hurting him but they discharged him this was on saturday and on sunday he was in bed all day fever and sweating so i brought him to hes primary doctor and after looking at him he admitted him to the hospital because he had a heart attack so they had to put 3 stents on him if he had not made it to the hospital the doctors said he would of had a massive heart attack and would of died the doctor from saturday had given him maalox to bring down hes heart burn so basically this doctor just dismissed him with out doing more test so is this a good case to bring it to court?? what steps should i take??


Asked on 5/18/11, 12:24 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If you are claiming medical malpractice, your claim must be supported by the opinion of a doctor who is a 'qualified expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning the treatment fell below the acceptable standard of care, and that such negligence caused legally recognized damage or death. Neither your opinion about malpractice, nor mine, is relevant nor 'proof' of malpractice. You are not supposed to file suit without having that expert opinion available. Consult with your other treating doctor[s] to see if they are willing to provide that opinion and testimony, or you can contact independent experts for that purpose. I can provide referrals and assistance if necessary. If you obtain such an expert's testimony, and 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. Keep in mind that you have only one year maximum from 'notice' or learning of the suspected malpractice to bring suit.

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Answered on 5/18/11, 1:46 pm


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