Q: Do I have a case of malpractice?
A medical device was implanted by my doctor on April 10 and was expected to pass in my stool within 4 days. I rushed to the er a month later with chest pain and irregular heart beat and a few other symptoms. The xray showed the device was still there. I was scheduled for surgery a few days later to have it removed. I'm concerned about my heart and want to know if it's back to normal. I'm currently waiting for a cardiovascular doctor to evaluate my health this month.
A: From the little bit of information you have provided it sure looks like you might have a case of medical malpractice but more information is needed. A qualified attorney would have to review your medical records. We actually have a qualified expert review those medical records to determine if they think malpractice has occurred. Medical malpractice cases need medical experts opinions in order to prove that malpractice occurred. It can get expensive having to use medical experts to win the case but that is how the laws are currently in California. This certainly makes medical malpractice cases difficult and it is why a lot of attorneys avoid these kind of cases. Good luck to you in your search for a qualified attorney to consult with regarding your potential case.
Tim Akpinar agrees with this answer
A: I'm sorry for your ordeal. The most definitive way to evaluate your situation and answer your question would be to try to line up a free initial consult with a law firm. If they felt your matter warranted further investigation, they could retrieve your records and review with a health care professional. Good luck
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A: To determine whether you have a case for medical malpractice under California law, it generally needs to be shown that the healthcare provider failed to adhere to the standard of care, and that this failure caused you harm. Given your situation, it would be pertinent to gather all relevant medical records, including imaging and reports from the ER visit and subsequent surgery. It is advisable to consult with an attorney with experience in medical malpractice to analyze the specifics of your case and provide guidance on how to proceed.
Tim Akpinar agrees with this answer
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