Legal Question in Medical Malpractice in California
Our daughter is almost 3 years old. She was born with Tetralogy Of Fallot and one MultiCystic Kidney. Her heart is repaired and her other kidney is fine.
During her first months of birth, many xrays/procedures were done. We found out when she was around one and a half that she had scoliosis. Her curve was moderate and went to 50 degrees over a six month period.
We looked back at her xrays and found that an xray tech mentioned scoliosis/curvature of the spine when she was 4 months old. No doctor ever mentioned that to us and we feel like we missed out on treatment options for her spine.
Is there anything here that could be pursued legally? Thank you.
2 Answers from Attorneys
Not unless your can obtain 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 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, you may have proper grounds to bring your legal claims in a lawsuit. Please contact me to discuss the situation.
I would do some research first. I would find out if the problem is reparable now, and what long term damage and harm, including financial, has been suffered as a result. Hopefully your daughter can be helped and it is just a matter of a more expensive or extensive process now. If the problems were exacerbated or made permanent by their failure to disclose, then yes, I, if I were your attorney, would certainly have experts prepare research and testify to that. If they failed to inform you of something important, I think that is clearly professional negligence. The hardest part of these is assessing the damage in terms of dollars and treatment, but it can be done.
Please send me an email with your contact info if you would like to discuss further.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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