Q: what can I do if there was complications after 1st surgery and had 3 more surgeries in a month, and dr retired?
So Dr retired and my primary care Dr, insurance case manager and the Surgeon they referred me to will not tell me exactly what happened or what is next. They all absolutely refused. I know have to where a brace and use a cane and have a pain level at a constant 4-5 and spikes to 10 almost daily. It's been 10 months of this.
Also I got a referral to UCSF and UC Davis they both refused to see me because they said they were to "impacted" Basically to busy to even see me. Help me PLEASE I AM BEGGING.
A: The fact that your surgeon retired does not preclude you from pursuing a malpractice claim against him. If you want to find out if you have a viable malpractice claim, you should have your records reviewed by a medical doctor. Only an MD can tell you whether there was a breach in the applicable standard of care and whether that breach is causally related to your injuries (pain). If someone affirmatively tells you that, then you can file a lawsuit. As 10 months has already passed, be mindful of the 1-year statute of limitations applicable to malpractice claims in CA.
William John Light agrees with this answer
A: You can ask for a referral to pain management. Also, if your surgeon won't see you/treat you, contact your insurer. It has an obligation to provide appropriate specialists for your coverage. If none of the surgeons in its plan will see you/treat you, you might qualify to see a surgeon out of your plan. You will need to work with the insurer on this issue. It is possible that your current circumstances constitute medical malpractice, but that would require that the failure to provide medical care has resulted in damage to you, i.e., your recovery will not be as thorough, or made worse. Talk to a medical malpractice attorney in your area for a thorough review.
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