Q: Just notified that i need neck fusion from injury during surgery doctors kept down ply me. What are my rights
i just read my medical records and found misinformation dating back to 2013 During that time i was diagnosed with grade one sponylothis with pars defect snd was told i could possibly become paralyzed. Talk about pressure i just wanted a refill on medication so i could return to work Before i knew it L4 L5 S1 was fused in 2014 during fusion my neck was injured along with my right brachail plexus, bruised chest numb forearm numb rt shin and a scab on my face. During the next 3 years i returned to work while dealing with the pain in 2021 i went in to see my doctor and was told i have a pinched nerve and to stretch through the pain and i could return to work . Another mri was done in 2022 and 2023 and i was told its inflammation and myofacial pain syndrome. After 20 years i changed providers and was just informed i need a fusion of c4 c5 c6 c7 what are my rights ?
A:
IF YOUR ACCIDENT WAS WORK RELATED, YOU WANT TO CONTACT A WORKERS COMP LAWYER ASAP TO SEE IF THE CLAIM IS STILL VALID.
IF IT WAS AN AUTO ACCIDENT FOR INSTANCE, YOU USED TO HAVE A YR TO FILE, BUT NOW IT IS 2 YEARS IF FILING FOR NEGLIGENCE. YOU WOULD WANT A NEGLIGENCE LAWYER.
IF IT IS MED MAL YOU HAVE A YEAR FROM THE TIME OF THE NEGLIGENCE OR WHEN YOU LEARNED OF IT...BUT NOT MORE THAN 3 YEARS. CONTACT A MED MAL LAWYER.
I WOULD BE SURPRISED IF YOU HAVEN'T TALKED TO A LAWYER ALREADY.
CALL TODAY TO LEARN IF YOU STILL HAVE ANY ACTION.
IF THE FACTS WARRANT IT, MAYBE FRAUD...FRAUDULENT INDUCEMENT THAT KEPT YOU FROM CONTACTING THE RIGHT DOCTOR AND LAWYER.
A:
In California, you have the right to seek compensation for medical malpractice if you believe that your doctor's negligence or misinformation led to your injuries and the need for additional surgery. Here are some steps you can take to protect your rights:
1. Seek immediate medical attention: Ensure that you receive proper medical care for your current condition and follow your new doctor's recommendations.
2. Request your medical records: Obtain copies of all your medical records related to the initial surgery, subsequent treatments, and the newly discovered need for neck fusion.
3. Consult with a medical malpractice attorney: Contact an experienced California medical malpractice lawyer who can review your case, assess the strength of your claim, and advise you on the best course of action. They can help you understand your rights and the legal process involved in pursuing a malpractice claim.
4. Be mindful of the statute of limitations: In California, the statute of limitations for medical malpractice claims is generally three years from the date of injury or one year from the date you discovered (or should have discovered) the injury, whichever comes first. However, there are some exceptions, so it's essential to consult with an attorney as soon as possible.
5. Document your damages: Keep track of all medical expenses, lost wages, pain and suffering, and other damages related to your injury and necessary treatment.
6. Avoid signing any documents or accepting settlements: Do not sign any documents or accept any settlement offers from the doctor, hospital, or their insurance company without first consulting your attorney.
Remember, proving medical malpractice can be complex and challenging. An experienced medical malpractice attorney can help you navigate the legal process, gather evidence, and build a strong case on your behalf. They can also help you seek compensation for your medical expenses, lost wages, pain and suffering, and other damages related to the malpractice.
A: It is unlikely you are within the time to sue but Consult with experienced malpractice attorneys in the state where this occurred.
A: An attorney would probably want to see the file to advise meaningfully. One of the challenges in such a matter could be the long history, where it might be argued that conditions could have changed over time. One option is to reach out to law firms to try to arrange a free initial consult. Good luck
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