QUESTION
What can be done if my husband was told that he had two hernias but after surgery it turned out he did not have any?
Asked on Feb 26th, 2014 on Personal Injury - California
More details to this question:
Under Anthem Blue Cross provider in California my husband was told he had two hernias after an ultrasound. A month later, he was placed under my health provider Kaiser in which surgery to remove them was conducted. The surgeon found no hernias. Although this is temporary damages we paid for thousands in tests under Anthem.
2 ANSWERS
Health Law/Long Term Care Facilities for the Elderly Attorney serving Los Angeles, CA
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Murchison & Cumming, LLP
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Who (what doctor) diagnosed the hernias? You have a viable med mal claim for mis-diagnosis against that doctor. Find a med mal lawyer to take your case.
Answered on Mar 04th, 2014 at 2:46 AM
Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit.
Answered on Mar 03rd, 2014 at 4:57 PM