Q: I went in to have my right lung drained at inland valley hospital following open heart surgery. RN punctured my liver
And diaphragm. I bled internally and passed out the next day due to blood loss. Emergency surgery to save my life at Loma Linda Medical Center. Do I have a case?
A: You may have a valid medical malpractice case based on the injuries you described, including internal bleeding and emergency surgery caused by the RN’s actions. In California, medical malpractice claims must prove negligence, causation, and damages, and you may recover full economic damages (medical costs, lost wages), though non-economic damages like pain and suffering are capped at $350,000 under MICRA. Time is critical, as you typically have 1 year from discovering the injury or 3 years from the incident to file a claim. Contact a qualified medical malpractice attorney immediately to review your case, gather evidence, and protect your rights.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
I'm truly sorry to hear about what you've experienced. It must be incredibly stressful and frightening to go through such complications after your surgery.
You may have grounds to pursue legal action, as medical professionals have a duty to provide care that meets accepted standards. Accidental injuries during procedures can sometimes lead to cases if negligence is involved. It's important to gather all your medical records and any documentation related to the incident.
Consulting with a qualified attorney who understands California's laws on medical malpractice can help you understand your options. They can assess the specifics of your situation and guide you through the necessary steps to determine if you have a viable case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
