Legal Question in Medical Malpractice in California

Have a second surgery for same problem.

Back in sept. 1999, Ihad knee surgery.the knee has not healed properly.

I am now seeing a new dr.,he has indicated to me that he will have to perform another surgery to see what the problem is.

My ins. states they may not pay for another surgery,

(hmo).

My question is this;can i have the first dr. pay for the second surgery also, time loss from work?

Thank you for your assistance in this matter.

gil ramirez


Asked on 6/28/00, 7:33 pm

2 Answers from Attorneys

John Hayes The John Hayes Law Offices

Re: Have a second surgery for same problem.

Medical malpractice is pretty complicated. You would have to prove that your first doctor was either negligent during the surgery or failed to provide a standard of care. Plus, even if you could prove this the doctor would have to agree to any settlement made by his malpractice insurance before you would see any money and doctors rarely admit they did something wrong. I would need additional information before I could advise you on your legal options. If you would like to speak with me I offer free consultations with no obligation to retain my services. You can reach my office toll free at 877-546-9918 to set up an appointment. The statute of limitations is approaching so you need to act or you will loose your right to compensation. You may also have a claim against your insurance company for failing to pay for a necessary surgery.

Sincerely,

John Hayes, Esq.

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Answered on 9/06/00, 6:05 am

Re: Have a second surgery for same problem.

The answer is that it depends upon the specific facts and circumstances. Was the 1st doctor negligent? Did he meet the standard of care for the surgery/treatment that was performed. If he did then you are probably out of luck. If he failed to meet the appropriate standard of care then he is liable for all the damages that result from such negligence.

Keep in mind the statute of limitations, e.g., do NOT delay. Seek legal counsel IMMEDIATELY.

www.donnerlaw.com

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Answered on 9/05/00, 8:18 pm


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