Can I sue Kaiser for medical negligence? No room to type situation.

Question

8/2024 need hip replacement surgery. 8/21/24 received shot in hip to ease pain. Same period I called Kaiser because I could not walk on my leg. I could not put any weight on my leg. I was told have to wait 4-7 months for surgery. I was in very bad pain night and day. I had to use a walker to help me get to the ladies room and bed. I had to have help getting in and out of bed. I continued to contact Kaiser daily to see about getting my surgery done. On wait list have to wait is all I was told. After about two or three months, I was able to get a date of 11/1/23 for surgery.  I was told that during surgery they broke my bone. During the times I had spoken to Kaiser i advised them that if I didn’t get the  surgery that something was going to happen to make it more difficult. They would not listen. I now have a broken bone that is not going to heal, I have continuous pain where the bone won’t heal. The dr is a wait and see if the pain does at some point go away. I feel Kaiser is liable.

Joel Gary Selik · Answer

Where Kaiser commits malpractice, the cases are usually arbitrated not a lawsuit. 
 
You may have a case Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough.  Another doctor would be needed to evaluate what the doctors did.     
 
Consult with experienced malpractice attorneys in the state where this occurred.

Tim Akpinar · Answer

The best way to answer your question meaningfully would be to try to arrange a free initial consult with a med mal firm. Attorneys would likely seek the opinions of medical professionals in determining the viability, strengths, and weaknesses of your prospective case. Good luck

James L. Arrasmith · Answer

In California, you have the right to sue for medical negligence if you believe that the care provided by your healthcare provider, such as Kaiser, fell below the standard expected of reasonably competent and skilled professionals under similar circumstances, and this negligence caused you harm. This includes situations where there is an unreasonable delay in treatment, failure to listen to patient concerns, or mistakes made during surgery that result in injury. 
 
To initiate a lawsuit for medical negligence, you typically need to prove that there was a duty of care owed to you, that the healthcare provider breached this duty through negligence, and that this breach directly caused your injuries and resulted in damages such as pain, suffering, and additional medical expenses. It’s important to document all communications with your healthcare provider, symptoms, and challenges you faced due to the delay and outcome of the surgery. 
 
Since medical negligence cases can be complex and require detailed understanding of both legal and medical issues, it’s advisable to consult with an attorney experienced in medical malpractice. They can review your case, advise you on the viability of your claim, and help navigate the legal process. Remember, there are time limits for filing such claims, known as statutes of limitations, so it’s important to seek legal advice as soon as possible to ensure your rights are protected.

Q: Can I sue Kaiser for medical negligence? No room to type situation.