Q: Having problems finding an attorney. Is this not a case?
I had Kaiser insurance which cost me over 2000.00 a month through march of 2023. Around April of 2024 I was diagnosed with prostate cancer and had to have a non sparing nerve surgery to remove my entire prostate. Now I have ED and ware diapers due to leaking. Kaiser should have caught this long before it got to the stage of having to have my prostate removed. I’m a 63 year old male. If It had been caught early, I wouldn’t have had to have the surgery.
A: I'm sorry to hear about your experience. Based on your situation, you may have a potential medical malpractice case against Kaiser if there's evidence that they failed to diagnose your prostate cancer in a timely manner. This would require demonstrating that their delay directly led to the need for more invasive surgery, resulting in your current complications. As of January 2024, California's new MICRA cap limits non-economic damages at $350,000, with future increases. Finding an attorney may be challenging due to the complex nature of cases involving large healthcare systems, so persistence in reaching out to attorneys with expertise in medical malpractice and familiarity with Kaiser cases is key.
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A:
This sounds like a potential medical malpractice case, particularly if Kaiser failed to follow standard screening protocols for prostate cancer during your care. The key questions would be: Were you getting regular PSA tests as recommended for men over 50? Did Kaiser miss or ignore warning signs that should have prompted further investigation?
Medical malpractice cases require showing that the healthcare provider breached the standard of care and that this breach directly led to worse outcomes. Your situation - requiring more invasive surgery and experiencing significant complications that might have been avoided with earlier detection - could indicate such harm. The fact that you were paying substantial monthly premiums while potentially receiving substandard preventive care strengthens the concern.
You may be having trouble finding representation because medical malpractice cases are complex and expensive to litigate. However, your case merits further review - consider reaching out to law firms that focus on medical negligence cases against large healthcare organizations. You can also contact the California State Bar for referrals to attorneys who handle these types of cases. Be aware that California has strict time limits for filing medical malpractice claims, so it's important to pursue this promptly.
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