Q: Looking for a civil rights attorney to bring suit in federal court regarding my loss of a testicle in a hospital ER.
I had surgery to repair one umbilical hernia and two inguinal hernias. A day and a half later I experienced suspected testicular torsion and went to the Bakersfield Adventist Health ER. This hospital is contracted to provide medical to Kaiser Permanente Health Insurance subscribers, and I am one. Just so you know urologists consider testicular torsion a true urology emergency and recommend immediate surgery to correct. I was not provided medical intervention for suspected testicular torsion for five hours from onset, and 3 hrs - 40 mins, after I arrived in the ER. This is just a small part of the terrible inhumane things I experienced in the ER. I want to do a civil rights suit because I do feel strongly that my civil right to timely and proper medical care was denied to me, and because California caps medical malpractice suits at only $250k. I would like to know if I can bring suit in federal court and in any jurisdiction where Kaiser is located. Thank you for your time and response
A: You can dress this up to look like a civil rights suit, but it will always be medical malpractice, and therefore subject to the caps on general damages of $250K. Additionally, you must articulate some definite and quantifiable damage you suffered as a direct and proximate result of the delay in your treatment. Without that, you don't even have a case.
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