Legal Question in Medical Malpractice in California

hi. i had a neck surgery on 4/18/2014 before the surgery on 4/11/2014 blood was drawn

before the surgery blood patelet was 220.ancef was given on 4/18/2014. after the surgery i went home o 4/24/2014 then on may 23,2014 i started to bleed from my mouth and bruises on both arms. i went to local hospital and blood was taken. i had 1 patelet stay in hospital for 5 days medicine was given . patelet was little

up i was discharge on may 28,2014. went home then same thing happen again. on 5/31/2014 went back hospital this time i stay two weeks small surgery to spleen to repair damage cause by ancef 6/14/14 please let me know if anything could be done.thank you

Asked on 7/02/14, 8:37 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Sorry, but it is a little unclear what malpractice you believe occurred that caused damage to your spleen during neck surgery, and would cause unexpected bleeding. A more thorough explanation would be needed to offer you any opinion or advice.

In general, when claiming medical malpractice, your claim must be supported by the opinion of a doctor who is a 'qualified expert' in that field of medicine, who is prepared to say the treatment fell below the acceptable standard of care, and that you suffered legally recognized damage. Neither your opinion about malpractice, nor mine, is relevant nor 'proof' of malpractice. What may seem obvious to you and I is not necessarily a conclusion an expert will support.

What have your other treating doctor[s] told you? Would they be willing to provide that opinion? If not, you can get independent experts for that purpose if your treating doctors say there is negligence but they won't testify. I can provide referrals and assistance if necessary. If you obtain such an expert's opinion, and if you determine that you have a case with MERIT and VALUE, then you would have 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 suspected malpractice to bring suit.

If serious about pursuing this, please contact me to discuss the basis and facts of your case.

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Answered on 7/02/14, 10:48 pm

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