Legal Question in Medical Malpractice in California

June 2008 I had a laparoscopic appendectomy. Upon arrival to the floor I vomited blood, had a severe sore throat and could barely speak. A few days to a week maybe I developed Tonsilitis was put on antibiotics but would only come back shortly after finishing the antibioics so was referred to a Ears Nose Throat Doctor to have my tonsils out. Would the be a possible case.


Asked on 7/21/10, 7:41 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

'Anything' can be a possible case. Please contact me to discuss the situation. If 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. 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. Then, 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 - as most doctors and hospitals do], 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.

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Answered on 7/22/10, 2:52 pm


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