Legal Question in Medical Malpractice in California

I recently had a major heart operation, approximately 18 months after having a cardiac arrest. The operation has been a success, but only after 18 months of not knowing what was wrong with my heart. The hospital where I sought emergency care (in Sacramento, California - I have moved to Washington State since then) did not perform the diagnostic tests that would have resolved the mystery. Apparently, my inability to pay was the deciding factor. Can I sue the hospital for not performing the needed tests? My life was literally hanging in the balance until the corrective procedure was completed.

Asked on 10/12/15, 12:09 am

1 Answer from Attorneys

Len Tillem Tillem McNichol & Brown

You have to prove damages in order to prove malpractice. This means you have to prove that your condition today is demonstrably worse off than it would have been had the condition been properly diagnosed 18 months ago. Then you also have to prove that the emergency room violated the standard of care by not giving you the particular test that diagnosed your condition. Keep in mind that emergency rooms are there for emergency treatment and don't necessarily run every test imaginable - the facts and circumstances surrounding the decision as to whether or not to test you are relevant.

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Answered on 10/12/15, 8:28 am

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