Legal Question in Medical Malpractice in California

in a nut shell last year i was diagnosed with diabetics, after taking medication for a year and getting a third opinion im told there no disease of diabetic to stop taking the medication immediately because it could kill me,im also told that now my kidney weak i suspect the medication that i was taking had an effect not to mention the stress of being told i had a disease what are my legal right an and if i have a case what sight would be recommended to persue some type of legal help in my area.


Asked on 7/27/10, 8:28 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

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 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. 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], 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 if you feel you meet those requirements and are serious about pursuing it. .

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Answered on 8/02/10, 11:38 am


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