Legal Question in Medical Malpractice in California

my son has been training to be in the olympics since he was six .Now 17, he had some elbow surgery and caught a staph infection,MRSA which has covered his back and chest. Now totally scarred and having back and muscle pain. He has probably lost all chances of getting to the olympics because this is his most important years. Does the hospital and dr. have any responsiblity for destorying his dream that he worked for his whole life? He is so depressed about this and still in so much pain after four months and the dr. just makes comments such as "you don't want to be a swimsuit model anyways. Like this is a joke.


Asked on 7/13/10, 6:57 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

It sounds like a potential and 'obvious' case, and you should be able to obtain an 'expert' opinion to that effect. Feel free to contact me if serious about pursuing it. Your first step in pursuing any medical malpractice claim is to have the patient and records reviewed by an expert, meaning a qualified doctor in that field of medicine who can be certified and approved by the court as a specialist i.e. �expert�. You can expect to pay for several hours of his time to do such review and provide a report. There is no value in me looking at them, unless and until you are certain you will have such an �expert� willing to testify that there was malpractice and that you were provably damaged by it. Your opinion and mine are irrelevant. Start by talking to your current treating physicians. See if they agree there was malpractice [likely]. They might qualify as an expert, or could point you to someone who will. If that fails, contact me for referral sources.

Read more
Answered on 7/13/10, 1:11 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You should contact a qualified medical malpractice law firm with a proven track record handling med-mal cases as there is no such thing as a slam dunk case. That said, it appears to be a clear violation of the standard of care for your son to have gotten a hospital-acquired staph infection during elbow surgery.

I want to talk to you about dreams. Yes, I would love to be arguing this case to a jury and giving them the he-coulda-been-a-contender argument. As a practical matter, almost everyone has to revise their dreams as the years pass and reality sets in. For example, my nomination to be a Supreme Court justice appears to be stuck somewhere in the East Wing. Plan B was to get instantly rich representing jilted mistresses in their broken-heart-balm lawsuits against famous athletes. Plan C was to represent drunken, spoiled Hollywood starlets who crash their cars. But there are only so many clients in those categories. Currently I am on plans D, E, and F. Your son appears to be a fighter and I know he will work hard to realize whatever dreams remain realistically open to him. I wish you, and him, the best of luck in court and in life. Watch out for legal time limits, please see a qualified medical malpractice lawyer without delay.

Read more
Answered on 7/13/10, 10:01 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in California