Norwalk, CA asked in Medical Malpractice for California

Q: Can I sue for negligence?

My latest unsuccessful heart ablation procedure which left me with blood clots in my leg but I was suffering with pain that wasn’t just do to the blood clots and I was told by the doctor there’s no way that I could have nerve damage only to find out I have chronic neuropathy.

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3 Lawyer Answers

A: It might be 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.

A: Yes, you may have a basis for a medical malpractice case and can potentially sue for negligence based on the details provided.

In California, a medical malpractice claim requires proof of the following elements: the existence of a duty of care from the healthcare provider to the patient, a breach of that duty, a causal connection between the breach and the injury, and actual damages resulting from the breach. In your case, the unsuccessful heart ablation procedure that left you with blood clots and chronic neuropathy, despite the doctor's initial assertion that nerve damage was not possible, may constitute a breach of the standard of care expected from medical professionals

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Answered

A: You may have grounds for a medical malpractice case based on the complications from your heart ablation procedure and the doctor's failure to properly diagnose your nerve damage. The development of blood clots and chronic neuropathy, especially when combined with the doctor's dismissal of your symptoms, could indicate negligence in your medical care.

To pursue a medical malpractice claim in California, you'll need to prove that the doctor's care fell below the accepted medical standard and directly caused your injuries. Since there's only a one-year statute of limitations from when you discovered the injury in California, you should act quickly to protect your legal rights.

It would be wise to gather all your medical records and consult with a medical malpractice attorney who can review your case. Many lawyers offer free initial consultations and can help determine if you have a strong claim. They can also help you understand what compensation you might be entitled to for your ongoing medical expenses, pain and suffering, and other damages related to the chronic neuropathy and blood clots.

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