Legal Question in Medical Malpractice in California
Surgery performed apprx. 1 yr. ago. Recent tests show more surgery is required. Second opinion Dr (specialist). informs patient that original Dr. didn't even do the correct surgery in the first place nor is a specialist in the field although his business proclaims to be. 2nd Dr. also had a whole different idea of what needed to be done. Second Dr. believed condition was quite serious & needed to be acted upon immediately, which was done. First Dr . gave no impression this needed to be acted on immediately ("see you in a month"). My question: Does patient have recourse as to original Dr. misleading patient & performing in-correct surgery & misleading the public to believe he's a specialist when in actuality he's a general surgeon? This matter could have been life threatening.
1 Answer from Attorneys
When 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. You should further discuss your claim with the 2nd doctor to see if he agrees it is 'malpractice' rather than just a "whole different idea" about treatment, and what your 'provable damage' is. 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 obtain such an expert's testimony, and if you determine that you have a case with MERIT [provable case with 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. Feel free to contact me if serious about pursuing this.