Legal Question in Medical Malpractice in California

My son had an aborted circumcision in March of this year. His urethra was noted to be lacerated ventrally to the coronal margin. I am planning to file a lawsuit since a urologist who checked him after the scar healed said that even if they fix it there is still a risk of having two openings. What should I do?


Asked on 9/30/10, 4:23 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

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 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. 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], you would have proper grounds to bring your legal claims in a lawsuit. Please contact me to discuss the situation.

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Answered on 10/05/10, 4:54 pm


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