Legal Question in Medical Malpractice in California

Anything I can do?

4 yrs ago, we contracted a midwife service to assist with a home birth. My midwife left on vacation 2wks before my son was born. Her partners were in charge of our care. 1 called and left a vm message for me at work telling me that the pregnancy was in danger and my child had a 200% chance of dying in utero. They insisted we come in, told us we were irresponsible parents, misdiagnosed a problem that wasn't there and dropped us (without the midwife who was taking care of us even knowing until she returned!) back into our HMO - after saying they didn't trust the doctors who said everything was fine. We paid them $2500 which they returned $400 and said they provided us with excellent care. the experience has left me terrified about having a 2nd child. Is there anything I can do? Is there a statute of limitations? How could I prevent them from harming other families?


Asked on 5/20/04, 7:37 pm

2 Answers from Attorneys

MAURICE MEHRBAN, MD, ESQ. MEHRBAN AND ASSOCIATES

Re: Anything I can do?

THANK YOU FOR CONTACTING: CALIFORNIA LAWYERS AND PHYSICIANS. LAW OFFICES OF MEHRBAN AND ASSOCIATES. losangelesfirm.com

WE ARE PRACTICING LAWYERS AND PHYSICIANS PRACTICING BOTH LAW AND MEDICINE.

YOUR QUESTION IS NOT COMPLETELY CLEAR AND REQUIRES MORE CLARIFICATION OF FACTS. HOWEVER, THE ANSWER TO CALIFORNIA STATUTE OF LIMITATION FOR MEDICAL MALPRACTICE IS; 1 YEAR. NONETHELESS, YOUR CASE MAY INVOLVE MULTIPLE CAUSES OF ACTION WITH DIFFERENT STATUTE FOR LIMITATION AND ONE YEAR STATUTE OF LIMITATION MUST BE APPLIED TO YOUR FACTS AND SITUATIONS. AS SUCH, PLEASE CONTACT US AT: (310) 804-5225 FOR PROPER CONSULTATION, OR CONTACT OTHER LAWYERS FOR LEGAL ADVISE. IT IS IMPOSSIBLE TO ADVISE ON THIS CASE WITHOUT FURTHER CLARIFICATION OF FACTS. PLEASE DO NOT FORGET: YOU COULD ALWAYS GET BEST INFORMATION ABOUT LAW AND LAWYERS BY CONTACTING CALIFORNIA BAR ASSOCIATION. PLEASE GET LEGAL ADVISE IMMEDIATELY.

WITH DUE RESPECT,

LAW OFFICES OF MEHRBAN AND ASSOCIATES

losangelesfirm.com

Read more
Answered on 5/20/04, 9:37 pm
Joel Selik www.SelikLaw.com

Re: Anything I can do?

Yes, sounds like a possible lawsuit to me.

Read more
Answered on 5/22/04, 11:21 am


Related Questions & Answers

More Medical Malpractice Law questions and answers in California