Legal Question in Medical Malpractice in California

You will need an expert opinion from another surgeon whether the perforation was below the standard of care. Also, you'll need an opinion whether the 8 day delay was within the standard of care. If you have your records, I can help you to get this matter evaluated.

You have reason to suspect.

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.

Your first step in pursuing a medical malpractice claim is to have the records reviewed by an expert. Would your other treating doctor[s] be willing to provide that opinion? See if they agree there was malpractice and damage. They might qualify as an expert, or could point you to someone who will. You can get independent experts for that purpose if your treating doctors say there is negligence but they won't testify.

If you obtain such an expert's testimony, and if you determine that you have a case with MERIT [provable case with 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 suspected malpractice to bring suit.

If serious about getting counsel to help in this, and if the case is in SoCal, feel free to contact me.