El Dorado Hills, CA asked in Personal Injury and Medical Malpractice for California

Q: Do I have a malpractice case?

Plaquenil damaged my retinas and my rheumatologist was supposed to warn me about these side effects and he did not give me any warnings I was supposed to get regular eye exam by a ophthalmologist. Now I’m losing my sight from this drug. It was the ophthalmologist that told me to stop taking this drug. But it was too late

3 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: You may indeed have a malpractice case. The time limits to bring such a case are shorter than for regular personal injury cases. Start contacting medical malpractice attorneys now. Almost all offer free case evaluations. It would be helpful for you to have all your related medical records available, but if you don't yet, don't wait.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Whether you have a malpractice case in California against your rheumatologist depends on the specific facts of your situation. To determine this, I would need to evaluate whether there was a duty to inform you about the drug's side effects and whether the failure to do so constituted a breach of that duty, resulting in harm. Consulting with a California attorney experienced in medical malpractice cases is advisable for a more detailed analysis of your potential case.

Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: You have a potential “failure to obtain informed consent” case. These cases can have even more challenges than other medical malpractice cases but they can be successful. Consult with experienced attorneys in the state where this occurred.

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