Legal Question in Medical Malpractice in California

I have recently had my appendix out, and i have had nothing but serious medical problems since. My Drs suspect that the surgent has made small, but serious medical mistakes. Also the surgent told me that my appendix was fine but since he was in there he removed it anyway. I feel like the hospital and the surgent are at fault and responcible for all my sudden medical mysteries and am wondering if i may have a case against them. I am only 18 and i am married and support my self but have not been able to work because of all my sudden medical problems. Please help me I do not know what to do. My names Danielle i dont want to include any personal information but i do not know how anyone would reach me if i didnt, so my email address is [email protected]

Asked on 2/24/10, 10:39 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Please contact me to discuss the situation. If you are claiming malpractice, your claim must be supported by the opinion of a doctor who is an 'expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning your treatment fell below the acceptable standard of care and caused the damage or death. Neither your opinion about malpractice, nor mine, is relevant or 'proof' of malpractice. You are not supposed to file suit without having that expert opinion available. It sounds like you may. 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. Then, 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 malpractice to bring suit. That can be extended for up to 90 days by timely sending them a 'notice of intent to sue' before the year runs out.

Answered on 3/02/10, 10:09 am

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James Bame San Diego Law Office

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Please preserve your doctor's opinion by obtaining a copy of your chart. With this evidence you may pursue a medical malpractice action. Contact me directly.

Answered on 3/02/10, 11:26 am

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