California Medical Malpractice Legal Questions

You should contact a California malpractice attorney. They take cases on a contingency basis and provide free consultations. When an obstetrician misses evidence of birth defects and a child is born with significant medical problems that guarantee a lifetime of suffering and medical expenses, in some jurisdictions it is possible to bring what is commonly known as a "wrongful life" case. Essentially, the position in the case is that the parents were denied an opportunity to terminate the pregnancy because they were not provided critical information about the prognosis of the baby. Not every state allows these cases. A California malpractice attorney would know whether it's a viable cause of action in that jurisdiction. Good luck to you. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com... Read More

I am sorry to hear about these problems.  However, you might be barred from bringing any kind of action against the oncologist and/or doctors because you waited too long.  You are probably limited to a two year statute of limitations in California for these types of matters.  If you are interested in pursuing this still,  you need to contact a local attorney who handles medical malpractice cases in your area and see if they will give you more definite information about your state laws, including the statute of limitations for these types of cases in California. Best of luck! NOTE:  This response is general in nature and is not legal advice.  No attorney-client relationship exists or is formed by this information.  ... Read More

I am sorry to hear about these problems.  First off, it is important that you get the necessary medical treatment that you need.  This may mean that you need to travel to a larger city for medical treatment but that is something that you and your family will need to decide on.   Based on these limited details, I am unable to tell you if you have a potential medical malpractice case against the doctor that performed the surgery.  Next, it is important to know the exact date of the surgery and the exact date you found out something went wrong in the surgery. This is because you are probably limited to 2 years from the date of injury (or when the injury was discovered) to bring an action relating to this.  Next, you need to find out what exactly went wrong here.  What was "nicked"?  You need to discuss this openly with your doctors and find out what went wrong and how and why.  If your doctor(s) won't disclose this information to you, you should probably start looking for another doctor.    I recommend getting the treatment you need and in the meantime, contacting a local attorney in your area that handles medical malpractice claims. See if you can get a consultation (most are free) to discuss this matter.  The attorney may request that you bring in any and all medical records related to this matter.  Thus, it may be beneficial to go ahead and request the medical records from all doctors, hospitals, clinics, and other health care providers that you have seen relating to this matter.  Probably start with the visit to the doctor before the surgery to now.  Medical malpractice cases are very difficult and this in part because most state laws make it difficult to bring an action against a health care provider.  Most medical malpractice cases take years to work out or litigate, are very costly and require the hiring of an expert witness -- all of which is why I advise you contact a local attorney and bring in your medical records.  I hope this information helps. Best of luck! NOTE: This information is general in nature and should not be considered legal advice.  No attorney-client relationship exists or has been created by this information.  ... Read More

Yes, an INR level of 5.11 is way too high, and it likely contributed to the outcome. You should contact a local malpractice attorney. The question is going to be whether the case is financially viable. It is often difficult to pursue malpractice cases on behalf of elderly people who do not earn an income. This is especially true if your state caps damages for pain and suffering. A local malpractice attorney should be able to answer these questions for you. ... Read More

If you incurred damages and injury as a result of medical malpractice from a doctor or other healthcare provider during the surgery, you may still have a remedy against the doctor and/or hospital even though it appears you signed some sort of release.  If you just simply signed a paper during the middle of your c-section and no harm was done, then you did not incur any damages and would not have any kind of malpractice suit.  If damages and injury were incurred and you signed the form and believe you were under some kind of duress, then you might. I would need more information to provide you a better response.  However, you might find it beneficial to consult some local attorneys to see if you have a case if damages and an injury were incurred but based on the information I am unable to further advise you.  Good luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information. ... Read More

I'm not really sure what you are asking here, but I think you should discuss it with your lawyer.  It depends on what your state's statute of limitation is for your type of injury.  Your lawyer will know the answer to this.  I can tell you that it is common practice to wait and settle and/or file suit until medical treatment is done, however, your attorney should always keep a very close eye on the statute of limitation and be careful not to let it run out.  You should sit down and talk with your attorney about this.  NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information. ... Read More

I am sorry to hear about your dad. First, your oldest sibling, as executor, will need to request al medical records related to this incident -- starting with the first hospital visit and get all medical records and bills after that which were related to this in any way.  In the meantime, start contacting Plaintiff's attorneys who focus on medical malpractice cases.  Start calling lawyers and try to get a consultation set up.  Most attorney's will provide free consultations and they will want to see these medical records.  You need to find a local attorney (it likely will need to be an attorney in the same state where you father received the hospital treatment which you believe led to his death).  Medical malpractice cases are very difficult and time consuming, which is why the attorney will want to review the records in order to determine if they can help you.  While all state laws vary, most state laws make it difficult for someone to sue a hospital or other health care provider.  In addition, please note that there is a limited amount of time in which you can file suit.  These limitations also differ by state so it will be helpful for you to consult a local attorney.  I am sorry that I was not able to provide any further assistance based on the information you provided in this post, but I hope this helps.  Since consultations with most all plaintiffs attorney's are free, I recommend you gather the medical records and bills and go in for a few consultations.  Good luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information. ... Read More

I am sorry to hear about  your situation.  You need to contact a local medical malpractice attorney who does plaintiff's work.  Most attorney's do not charge for a consultation and getting an appointment should be fairly easy.  Start calling around and bring your medical records with you.  If you don't have your medical records yet, you may want to go ahead and request them from both of the hospitals.  Medical malpractice laws differ in each state and a local attorney would be able to advise you best.  However, please note that you must have pretty severe damages in order to pursue a medical malpractice/negligence case.  Here, while it is unfortunate what happened and seems as if the first doctor misdiagnosed you, I am not sure if there is enough for medical malpractice.  What you would need is additional damages as a result of the first doctor failing to give you the correct diagnosis.  Example:  if you would have had to have the same surgery at the first hospital, had the doctor diagnosed you correctly, then you probably don't have a strong enough claim.  But, as I stated, you should probably start calling around attorney's offices who handle medical malpractice claims in your area.  Good luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information.  ... Read More

I think it would be best to find another doctor and to get this cleared up.  I am not sure how helpful a lawyer would be at this stage.  You need to go to another doctor, explain the situation and see if they can get you something that states you do not have epilepsy.  Then you can present this to the DVM and see if that helps clear it up.  If not, then you may need to seek the advice of an attorney but for now, I recommend trying to get it cleared up first with a different doctor first.  Good luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information.  ... Read More

I am very sorry to hear about this incident involving your mother.  In complicated potential medical malpractice cases like this one, you should consult a local medical malpractice attorney.  I also think it would be wise to get a second opinion regarding the second surgery. You should request and gather all medical records and bills regarding this incident and consult an attorney.  They will review everything and let you know what they think.  Of course, your mother's health comes first so focus on that.  Potential medical malpractice cases are very tough and pretty much require the assistance of an attorney.  Expert witnesses will have to be hired and they can go on for years.  I do think it would be wise to at least go in for a consultation with a local medical malpractice attorney.  I hope this helps!  Good luck! NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information.  ... Read More

If you have a case, it is  medical malpractice case. The distinguishing characteristic between a medical malpractice case and a personal injury case is that in medical malpractice cases, you have to prove that a doctor did something below accepted standards of medical care. To do that, you need an expert (a medical doctor with qualifications similar to the defendant) to testify about what the applicable accepted standards of care are, and how the defendant failed to abide by them. ... Read More

Medical malpractice cases are extremely difficult to litigate.  They require the hiring of experts, which is very costly and on average probably take about 1.5 to 2 years to litigate.  It would depend on what the situation in order to decide if the case is worth it.  Many states have enacted laws which make it very difficult to sue doctors and other health care providers, which is why not many go through the full litigation process.  I recommend consulting a local attorney familiar with medical malpractice.  They should give  you a free consultation.  Gather the medical records and other relevant documents, call around and make an appointment.  The attorney will likely want to review the medical records so either bring a copy or be prepared to leave them at the attorney's office for their review.  They will let you know what they think and if it is worth it.  Depending on the situation, I would consult a few attorneys to be sure.  Time is limited in medical malpractice suits (all depending on local laws) so I wouldn't wait too long.  Good luck. This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or is formed by this information.  ... Read More