Legal Question in Medical Malpractice in California

I had a EKG done at a walk-in clinic. There was no follow up to the results. I continued to have the symptoms and kept going back the the clinic 2 more time. PA put me on Bystoic, Maxalt and Topmax for serve headaches and jaw pain. I finally made an appointment got into my regular MD which he did a EKG and sent me right away to a Cardiologist. Results showed I had a heart attack. I had a stent put in and I do feel better today. However, I do have 54% damage to my heart. The Cardiologist obtain my first EKG done at the clinic, it showed an abnormal reading and there should have been a follow up. I confront the P.A at the clinic and asked him why he did not do a follow up stress test. He replied he did not have a crystal ball. I feel the need to do something about this negligence. I just don't know if I have a case for a small claims or what is a demand letter? Thank you

Asked on 7/13/14, 2:22 pm

1 Answer from Attorneys

Len Tillem Tillem McNichol & Brown

You should review your case with an attorney who does medical malpractice work. There's almost little point in suing in small claims court or sending a demand letter - Medical malpractice cases are proven on the basis of expert witness testimony. It's not enough to show that your heart is 54% damaged, as you need to prove that it would be damaged less had the walk-in clinic had taken the appropriate action after reviewing your EKG. And you can't prove that, because you're not an expert. Mind you, neither am I. You'd want the expert opinion of a board certified cardiologist.

Please note that the statute of limitations for medical malpractice in California is one year after the date of the discovery of the malpractice, which would be, at best, one year from the date you went to the Cardiologist after you saw your personal physician.

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Answered on 7/14/14, 8:54 am

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