Legal Question in Medical Malpractice in California

Surgery was to insert pins in L4-L5 to elivate pain on right leg. Pins were inserted incorrectly and now have pain and total numbness on left leg and left foot. Had to have 2nd surgery 3 days after 1st surgery to correct pin insertion. Have paper work from hospital stating error was made. What recourse might I have?


Asked on 10/18/10, 2:54 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

It is a standard medical malpractice claim.

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], 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.

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Answered on 10/24/10, 3:12 pm


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