Legal Question in Medical Malpractice in California

My uncle seeks legal advice from a mal practice attorney. He has asked me to assist him in this matter which is why I am here. He was donated a kidney last year in June. A few days before Christmas this year he received devastating news that the kidney he received had a tumor. While my families visit the doctor that did the surgery explained that the tumor was too small to detect but luckily the type of cancer does not travel fast. The same surgeon made a comment that the medication he was taking could not have caused it nor made it grow. These comments led us to believe that the kidney was not studied correctly and that the neccesary test that should have been performed on the kidney were either not thorough or performed at all. The kidney was removed and now my uncle is back on dialsysis. About 3 different doctors did visit my uncle during the hours that we were there and another mentioned that he was very sorry for situation and that as soon as some more test are done he would be put back at the top of the list. Another comment that was made by one of the doctors is that atleast now my uncle knows what to expect when the next kidney comes around. Is there something wrong in this situation? Does my uncle have the right to recover punitive damages for not just his pain but his families pain? I would like to speak to someone over the phone but what do we do from here?


Asked on 12/30/09, 1:23 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Neither your opinion, your uncle's nor mine is relevant. IF, and only IF, your uncle obtains an opinion from a medical 'expert' doctor in that field that there was medical negligence / malpractice at fault in this case, will there be a basis for taking legal action. A suit can not be filed or won without such expert opinion. If you find an expert willing to testify there was malpractice that caused damage, please feel free to contact me to discuss the case and issues. If needed, I may be able to refer him to doctors for consultation on the issue. He will need to obtain a complete copy of his medical and hospital chart to give the consulting doctor. If you intend to pursue this, get the chart now.

Be advised, statutes of limitations apply. He has only one year after he discovers, or through the use of reasonable diligence should have discovered, the injury [malpractice], or three years max after the date of injury, WHICHEVER OCCURS FIRST. Sounds like his argument would be that the time limit began running only this Christmas when he learned.

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Answered on 1/04/10, 2:14 pm


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