Legal Question in Medical Malpractice in California

I recently underwent a c-section. Post operatively I had left leg numbness and was unable to adduct my leg. I also was never able to initiate micturation and as a result a folley cath was placed.I have failed my voiding trials several times . Its been 11 long weeks since surgery and I am still not able to void. According to neurologist ang ob/gyn there is no clear explanation for this. My left leg numbness is gone and I am still having problems adducting my leg. The doctor is saying "it will slowly come back ". Do I have a case?


Asked on 5/14/12, 10:52 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Sounds like it.

However, when claiming medical malpractice, which is what you describe, 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. While it is clear you have provable 'damage', what may seem obvious to you and I as to 'malpractice' is not necessarily a conclusion an expert will support. 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 if your treating doctors say there is negligence but they won't testify. I can provide referrals and assistance if necessary. If you can obtain such an expert's testimony that your outcome and damages are a result of malpractice, 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 take legal action on your claims. If serious about getting counsel to help in this, feel free to contact me.

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Answered on 5/14/12, 11:34 am


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