Legal Question in Medical Malpractice in California

While stranded in Palm Springs Ca for medical reasons w my bestfriend who was rushed & admitted to Desert Regional MC, I was threatened for payments by a cancer doctor and hospital staffing. The cancer doctor stated that if I didn't bring him $5038.00 he would report me to CPAS. He also told me that he could save my friends life for $110,000.00. after a second consulting another cancer hospital I was told that the plan would have killed my friend and we had no chance short of a miracle that could save his life. CPAS investigator told me after showing my bank receipts that I needed to file a lawsuit against both the doctor and hospital because threatening me for money and everything else that went on was illegal and they violated both of our rights. On top of all that since the doctor couldn't get his way he contacted my friends mother and told her all about my friends medical condition even though in the medical records via "our trust book" it clearly shows that they could only discuss thses issue's w my friend or myself since he made sure that his family had no legal rights which the doctor and hospital knew about. That according to the CPAS investigator also violated the HIPAA laws. What can we do legally about all this? We live in Florida but this happened out in California.

Thank you


Asked on 9/16/10, 7:29 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You could bring a lawsuit for the extortion and threats against you, IF you are timely, meaning within one year, and IF you have any credible and admissible evidence to corroborate your allegations beyond mere payment receipts. If so, then feel free to contact me to discuss.

If your friend is claiming medical malpractice, the claim must be supported by 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 the 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 the ther treating doctor[s] to see if they are willing to provide that opinion and testimony, or contact independent experts for that purpose. I can provide referrals and assistance if necessary. Then, if you obtain such an expert's testimony, and if you determine that you have a case with MERIT [provable malpractice and a likelihood of winning], VALUE [substantial provable damages] and COLLECTABILITY [defendant with substantial assets or insurance], then you would have proper 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 malpractice to bring suit. That can be extended for up to 90 days by timely sending them a 'notice of intent to sue' before the year runs out. Please have him contact me to discuss the situation.

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Answered on 9/22/10, 10:24 am


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