Legal Question in Medical Malpractice in California

Can the VA hospital be sued for negligence when they let my medical issue get so bad I have to have surgery because I can no longer walk or sit down without pain? They put me on morphine pills and I stayed in the hospital for a week before they gave me surgery and they wouldn't even give me an MRI I had to go pay for one out of pocket?

Asked on 6/05/13, 8:36 pm

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2 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian


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Answered on 6/05/13, 9:09 pm

Terry A. Nelson Nelson & Lawless

Any medical malpractice claim requires that you have a medical 'expert' in that field of medicine testify that the prior treatment was 'negligent'. and caused you actual damage. You can't file legal action without that. Neither your opinion nor mine have any legal effect. So, if you have subsequent treating doctors who have told you the VA care was negligent / malpractice, that is your starting point.

If you obtain such an expert's opinion, and if you determine that you have a case with MERIT [provable case with a likelihood of winning], VALUE [substantial provable damages, such as medical injuries and financial losses] and COLLECTABILITY [defendant with substantial assets or insurance to collect against], 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 so, and if you are serious about getting counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 6/08/13, 5:37 pm

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