Legal Question in Legal Malpractice in California

my father had to have his leg amputated about 3 days ago due to neglect from the nursing home that he was in my mother is filling a claim against the nursing home what else can we do for malpractise and neglect


Asked on 8/11/10, 3:44 am

4 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

I dont know where or how she is "filing a claim" - but she should have an attorney, collect evidence as needed, maybe make a demand, and bring a lawsuit.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Attorney licensed in California only. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

Read more
Answered on 8/16/10, 8:10 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Tell Mom to stop doing whatever she is doing. This is a serious legal matter and she could seriously hurt her case by trying to do it herself. She needs to call a lawyer right away.

Read more
Answered on 8/16/10, 10:20 am

Your mother should contact a medical malpractice attorney immediately. Contact me for a free consultation.

Read more
Answered on 8/16/10, 11:10 am
Terry A. Nelson Nelson & Lawless

Please contact me to discuss the situation. 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.

Read more
Answered on 8/16/10, 12:28 pm


Related Questions & Answers

More Legal Malpractice Law questions and answers in California