Legal Question in Medical Malpractice in California

Is It Malpractice When A Risk Comes To Be ?

Is it medical malpractice when a "risk" noted by the

attending doctor, an interventional radiologist, comes

true? I had a test, a venogram, to tell whether an

obstruction in the superior vena cava had returned

after angioplasty 6 weeks prior which we thought had

corrected the problem. The problem had not returned

but the surgeon did nick my lung causing a

pneumothorax necessitating my staying in the hospital

for an additional 4 days for treatment.It altered my

travel plans by the following restrictions: not to

fly or go to high altitude places (I was going to

visit my son in Denver in three days) then fly on to

Florida and a return flight to California. The

additional delay and expense was not compensated to me

in any way so far. Can I sue or request compensation

for the delays, my additional expenses for staying in

California, the additional hospital bill, the new

restrictions and limitations placed on my life, the

new medical problems it has left me with,(recurrences)

etc? If a complication is noted as possible, does

that release the doctor from any responsibility if it

Asked on 9/17/00, 11:07 am

1 Answer from Attorneys

Jeffrey Zinder Zinder & Koch

Re: Is It Malpractice When A Risk Comes To Be ?

The fact that the complication was listed on the forms simply means that you gave an informed consent but does not release the doctor from still being required to exercise skill in the performance of the procedures. You probably do not have a very good case, and would need to have another doctor comment upon the specific techniques performed which review is required in order to establish medical negligence.

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Answered on 10/17/00, 10:41 am

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