Q: Do I have a case? I recently had a hysterectomy and had complications almost immediately after with care from the ER dep
The ER doctors dismissed me two days in a row until I saw my surgeon a week later. He was very upset when he finally saw me and how my incisions looked. He sent me back to the ER to be treated the correct way only to be mistreated again by the ER doctors.
A: I'm sorry for your ordeal. The most reliable way of answering your question would be to reach out to med mal law firms to arrange a consult. Free confidential initial consults without obligation are the norm in the industry, and firms that handle such cases generally work on a contingency basis - meaning no attorney fees up front. Attorney fees would instead be based on a percentage of recovery in the event of a favorable settlement or verdict. If a law firm felt you had a basis for a case, they could retrieve your records and review with a medical professional(s). Good luck
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A:
Based on the information provided, you may potentially have a case for medical malpractice, but more details would be needed to make a definitive assessment. Here are some key points to consider:
1. Standard of care: The main question is whether the ER doctors' actions fell below the accepted standard of care for treating post-hysterectomy complications.
2. Causation: It would need to be demonstrated that the delay in proper treatment caused additional harm or prolonged your recovery.
3. Damages: You would need to show that you suffered quantifiable damages as a result of the alleged malpractice.
4. Documentation: Medical records, including those from your surgeon and the ER visits, will be crucial in evaluating your case.
To determine if you have a viable case, I recommend the following steps:
1. Gather all relevant medical records and documentation.
2. Consult with a medical malpractice attorney who specializes in California law. Many offer free initial consultations.
3. The attorney may have a medical expert review your case to determine if the standard of care was breached.
Keep in mind that medical malpractice cases can be complex and challenging to prove. California also has specific laws and statutes of limitations for medical malpractice cases, so it's important to act promptly if you decide to pursue legal action.
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