Whittier, CA asked in Personal Injury, Medical Malpractice and Public Benefits for California

Q: Doctor punched my infected kidney & nurse gave me a shot in but cheek which paralyzed me for 3 days after hitting nerve.

This was at a urgent care. Is that medical malpractice and can I file a law suit with the info given?

2 Lawyer Answers
William John Light
William John Light
Answered
  • Medical Malpractice Lawyer
  • Riverside, CA
  • Licensed in California

A: It is highly unlikely that you were "punched" by a doctor in the course of medical treatment, unless you were being uncooperative and a danger to yourself or others. If that actually happened, contact the Medical Board. http://www.mbc.ca.gov/Consumers/Complaints/

If your complaints of "punching" are sustained, a personal injury attorney might be interested in taking your case.

With regard to the shot in the cheek, if your paralysis has resolved, and if that condition was the result of malpractice (and not every negative result of treatment is malpractice), then your damages are insufficient to justify a malpractice case. If the paralysis is more permanent, then the case could be worth a closer look. Be prepared to come up with some money up front. Many medmal attorneys insist that the prospective client pay for, or contribute to, the initial review of records by an appropriate medical specialist.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: more info needed

you can always sue but the question is whether a lawyer would take your case and whether you would win.

there is a difference between malpractice and a bad result.

if there is no lingering damage and you feel strongly you can go to small claims to sue for up to $10k

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