Legal Question in Medical Malpractice in United States

If you are 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 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 your 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. 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 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.

The only thing I'd add to Terry's answer is since you chose to omit what state you are in, no one here can tell you the time period you have if you have a case, as that varies by state.

It is possible that you might be able to pursue a malpractice action if you sustained permanent injuries secondary to any deficiencies in treatment. In that case, a claim can also be made for out-of-pocket or other medical expenses you incurred because of the medical negligence. We'd need additional information in order to evaluate your potential claim. Please feel free to contact me or any of my partners at the Blume Goldfaden Firm via the profile information provided on this site. We may be able to assist you if this is a New Jersey Case, or, if in another state, we may be able to refer you accordingly. We look forward to speaking with you, and will assist you in any way we can.

Michael B. Zerres