Legal Question in Medical Malpractice in California
Can I sue the (quack) doctor that was giving my 23 year old brother very large quantities of extremly adictive precription drugs(zanax,oxycontin,soma,adderall,dilauid& norco)every month for over three years time, which eventually led to his death?
2 Answers from Attorneys
Sorry to hear about the loss of your brother. You may have a case, but it is impossible to know from the brief statement of the facts. I suggest you get all of his medical records and contact me 323*782*0099 or any other lawyer who does medical malpractice.
When 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. Consult with the 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 you believe you can 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. Please contact me to discuss the situation if serious about pursuing this.