Legal Question in Medical Malpractice in California

Last year a drill bit broke during a surgery and was left inside of my body. Are there any worthwhile legal actions I can take against the manufacturer of the drill or the hospital, or are malpractice suits a waste of time and money?


Asked on 3/28/11, 2:32 am

2 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

While most malpractice cases are indeed waste of time and money for the plaintiffs, cases such as yours are worthy of consideration. Instruments during surgery can be broken. It is a common occurrence. Leaving pieces of those instruments is another thing and is never considered to be an accepted risk. I am willing to review your case and answer any question you might have. You can reach me at 323*782*0099.

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Answered on 3/28/11, 9:32 am
Terry A. Nelson Nelson & Lawless

If you are 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 testify in court that there was medical malpractice, meaning the treatment fell below the acceptable standard of care, and that such negligence caused legally recognized damage or death. Neither your opinion about malpractice, nor mine, is relevant nor 'proof' of malpractice. You are not supposed to file suit without having that expert opinion available. However, leaving a foreign object in the body is generally presumptively negligence and damage. Consult with your other treating doctor[s] to see if they are willing to provide that opinion and testimony, or you can contact independent experts for that purpose. I can provide referrals and assistance if necessary. 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 suspected malpractice to bring suit. If serious about pursuing this, feel free to contact me.

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Answered on 3/28/11, 11:48 am


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