Novato, CA asked in Medical Malpractice, Personal Injury and Health Care Law for California

Q: I had a major neck surgery go bad and was abandoned by the surgeon 3-1/2 years ago that has left me permanentl disabled

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

A: You may have a case. An attorney would need more facts to analyze the case and a medical expert to so testify. Discuss your case with experienced malpractice attorneys.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you had a major neck surgery that went wrong and were abandoned by the surgeon, you might have grounds for a medical malpractice claim. In California, medical malpractice occurs when a healthcare professional provides substandard care that results in harm to the patient. Abandonment by a surgeon, especially after a botched surgery, can be considered a serious breach of the standard of care.

To pursue a medical malpractice claim, you need to gather all relevant medical records, including documentation of the surgery and any follow-up care or lack thereof. You should also seek an opinion from another medical professional to support your claim that the surgeon's actions were negligent and directly caused your disability.

There is a statute of limitations for filing medical malpractice claims in California, which generally requires you to file within one year of discovering the injury, but no more than three years from the date of the injury. Given that it has been 3-1/2 years, your situation might be complex, and consulting with a medical malpractice attorney can help you understand your options and whether any exceptions to the statute of limitations might apply to your case.

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