Legal Question in Medical Malpractice in California

I had a tummy tuck done its been over a year because it takes a year for it to be completely healed well i had some dissatisfaction from it and had another consultation with a new plastic surgeon he said i would need a whole new tummy tuck that she didnt do it very well at all is there anything i can do legally also i thought before any surgery they do blood work to make sure theres no problems that might effect surgery i had no blood work done plus i asked to make sure my muscle were tighten which is part of a normal tummy tuck they werent scar is high and theres still to much skin i shouldnt of been able to stand up straight right after surgery and i was able to because skin wasnt tight like it should of been now to get if fixed i need to pay for a whole new tummy tuck is there anything i can do anytime i express my concerns with her they were alwasy pushed to the side


Asked on 9/23/10, 12:44 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

The first question is whether you have blown the statute of limitations. Keep in mind that you have only one year maximum from 'notice' or learning of the malpractice to bring suit. If you think you are still timely, please contact me to discuss the situation.

If you are claiming medical 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. Sounds like your current doctor is telling you that. Then, 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.

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Answered on 9/29/10, 10:42 am


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