Legal Question in Consumer Law in California


on feb.11,2008 I had Surgery. when I woke up I could not speak or swallow. I told the Nurse something was in My throat.they called the Doctor and that next morning they xrayed and said they saw nothing. and

I still could not talk or swallow solid foods. they released me on the 13th. on the 16th I went to the emergency Room same hospital and tryed to explain to them what happened they xrayed and when they put the xrayed up on the light I could see something in My throat. they argued and said i had Bronchitis. and sent me home. 11 day's later I went to My surgen to get the stitches out and she told Me it was not normal to still have a problem so she refered me to a specialist. i went in and the specialist saw my dentures in my throat. the Hospital told me they lost them. so the next day I went in to have them removed yet more surgery the man who gave the anesthesia shoved them down My throat and kept telling Me they were lost. what can I do?

Asked on 3/08/08, 11:19 am

1 Answer from Attorneys

Marco Cosentino Law Office of Mark J. Leonardo

Re: Hospital

The facts that you describe seem to indicate that the health care provider will be liable for medical malpractice. However, the issue is then, what are your damages?

In California, your general damages (i.e., pain and suffering) are limited to $250,000. Of course, you are still entitled to whatever special damages you have (i.e., past and future medical expenses caused by the medical malpractice), as well as any loss of earnings.

If you would care to discuss this matter, please contact our office.

Read more
Answered on 3/10/08, 2:32 pm

Related Questions & Answers

More Consumer Law questions and answers in California