Q: A Doctor placed a heart catheter in the wrong way in October of 2015. not aware of until April 2016. what can i do?
Consult a member of CAOC who handles medical carelessness issues--they give free consultations.. Do understand that medical carelessness cases cost a lot of money because of the fees charged by experts to give an opinion. As a result where fortunately the person has a good recovery, the amount of money a jury might give them for what they went through may only barely cover the costs!
However, having been through a life an death situation and for what appears to be a clear case of incorrect use of a catheter, it may be that they will take it or at least on the basis that they may not file it in court but if they can get your financial out of pocket losses and an amount for youir injury thy may see what they can do.
A: You need to consult with a medical malpractice attorney immediately so that your right to sue is not lost due to the passage of time. The statute of limitations for medical negligence in California is governed by CCP section 340.5 which states that the commencement of an action shall be three years after the date of injury or one year after the plaintiff discovers, or should have discovered, the injury, whichever occurs first. In your case, it sounds like you didn't know the catheter caused you injury until April 2016 so you may have a year from that date to file an action. However, if the defense can successfully argue that you should have known you were injured by the catheter when it was put in, that year may run in October 2016, based on your description of the facts. So, it's very important that you consult an experienced medical malpractice attorney IMMEDIATELY!
A: Assuming your doctor did place a heart catheter in the wrong way, he/she may be liable depending on the totality of circumstances specific to your case. To determine whether you have a viable medical malpractice case, there are many important factors to consider, including an analysis of the ultimate harm/damage the procedure and/or corrective action caused. My office provides complementary consultations should you wish to discuss your potential malpractice claim and to explore legal options which may be available to you. Please keep in mind, if you let your statute of limitations run (your deadline to file a lawsuit), you will be time barred from bringing an action. The statute of limitations for medical negligence in California is governed by California Code of Civil Procedure section 340.5 which states that the commencement of an action shall be three years after the date of injury or one year after the plaintiff discovers, or should have discovered, the injury, whichever occurs first.
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