Get free answers to your Medical Malpractice legal questions from lawyers in your area.
In May 2023, I underwent a breast lumpectomy to remove what was deemed a benign fibroadenoma after a biopsy. The surgeon and I agreed on the surgery for personal and medical reasons. Despite multiple post-surgery visits where I raised concerns about persistent pain and firmness, no follow-up or... View More 
answered on Apr 24, 2025
The first issue is the one-year statute of limitations wherein you must file a lawsuit or you will be forever barred from compensation. Based on these facts you may be within that time period but you should immediately consult with an experienced malpractice attorney.
Depending on reasons... View More
I received two deltoid muscle injections as part of a treatment at a hospital 16 days ago, administered by a registered nurse. During the injections, my arm felt a burning sensation followed by soreness, and two days later, I developed sharp, shooting pain that continues in my right arm. These... View More
answered on Apr 24, 2025
At this point this is a medical issue, not legal. Get to medical specialists as soon as possible. Besides getting the diagnosis and treatment you made need, it will help in analysis if there is a potential malpractice case.
Do keep in mind the 1 year deadline to file a lawsuit for... View More
I experienced medical malpractice on April 2, 2024, resulting in compartment syndrome, rhabdomyolysis, surgery on my wrist, and a concussion. I've undergone two surgeries and physical therapy since then. I have already filed complaints with the California Department of Public Health and the... View More
answered on Apr 22, 2025
In California, a medical malpractice lawsuit must be filed within one year of your discovering the malpractice or within three years of when the malpractice occurred, whichever comes first. So if you knew of the malpractice on April 2, 2024, the 1 year statute of limitations has passed. But if you... View More
I am seeking legal assistance regarding a medical malpractice case involving my father's surgery. He was scheduled for back surgery, and prior to that, he underwent laser stomach surgery. After the surgeries, he experienced severe stomach pain and bloating. Despite our continuous reporting to... View More
answered on Apr 17, 2025
I'm very sorry to hear of your father's passing. It sounds like you may have a valid malpractice case, but as with all such cases its success will depend on the specific facts and timing. For medical malpractice cases, there is a 1-year Statute of Limitations, meaning you must file your... View More
On November 4, 2024, my 75-year-old uncle experienced a fall at a rest area that resulted in a brain injury. At the hospital, he mentioned he couldn’t remember if he hit his head, yet they only checked his left shoulder, elbow, and knee before sending him home. On March 28, 2025, he collapsed,... View More
answered on Apr 16, 2025
I'm sorry to hear of your uncle's injuries. With personal injury and malpractice cases, it's important to act swiftly as there are Statutes of Limitation that apply and may prevent a claim from being made if it is made too late. For medical malpractice in CA, the SOL is 1 year from... View More
My adult daughter has been experiencing debilitating dizziness and head pressure for two years. After months of asking, Kaiser sent her to a neurologist in the summer of 2023, and she was told her MRI brain scan was normal. She recently had another MRI in February 2025, and the neurologist revealed... View More
answered on Apr 12, 2025
If there are additional harm caused from the failure to find and advise of the problem there could be a case.
First, there must be malpractice. Here it appears the doctors breached the standard of care.
An attorney would have to study what harm was caused by the breach and see if it... View More
I'm a pro se litigant involved in a civil case in California. Initially filed as a medical malpractice case, it turned out to be a fraud case. There's a record indicating scienter regarding a nonexistent terminal disease, which enabled hospice fraud. I am not the prevailing party and am... View More
answered on Apr 10, 2025
Your reading of CCP Section 663a(b) is partially correct, but allow me to clarify the precise deadlines to ensure compliance. Under California law, a motion to vacate a judgment pursuant to CCP Section 663 must be preceded by a notice of intention to move to vacate, which must be filed within the... View More
I went in for a planned outpatient laparoscopic cholecystectomy and awoke to find out that the surgeon had accidentally cut the common bile duct, putting me at risk for biliary sepsis. I was transferred to another hospital and underwent exploratory surgery to repair the bile duct injury. This... View More
answered on Apr 8, 2025
It sounds like you might have a case but in order to move forward you will need a surgeon on your side stating that medical malpractice occurred. The defense will also hire an expert to state that it wasn't medical malpractice. We call this a fight between experts. The cost to hire YOUR expert... View More
I went to an urgent care doctor for a stab wound, where I requested antibiotics but was advised to only return if it got infected. Four days later, I developed sepsis, which required ongoing treatment for nine months. Since then, my right hand has become numb and clumsy. Is it erroneous for the... View More
answered on Apr 6, 2025
It is likely malpractice. Medical malpractice means that a doctor violated the standard of care. Another doctor would be needed to evaluate what the doctors did.
Additionally, Malpractice attorneys carefully consider what may be recovered in a lawsuit and evaluate that in light of the... View More
My boyfriend accidentally ingested flying insect spray on 04/19/2024, leading to severe vomiting and bleeding. Despite the EMTs documenting the incident and taking pictures of the spray can, the ER doctor didn't receive the information about the poison. He underwent an endoscopy but left the... View More
answered on Apr 6, 2025
The failure of EMTs to convey pertinent information can be a basis for malpractice.
• One issue in malpractice, and other cases, is what harm was caused due to the negligence. In malpractice cases, usually significant future harm is necessary to make a case viable. Even pain for many... View More
I recently lost my husband due to what I believe was poor care from Kaiser Permanente and the doctors treating him. He had a history of coronary artery disease with several stents, and in early 2024, he repeatedly reported dizziness, headaches, chest pains, and shortness of breath to both his... View More
answered on Apr 2, 2025
I'm very sorry for your loss. You may have a medical malpractice case against Kaiser for failure to diagnose and delayed treatment. In California, you must prove the care deviated from the standard and caused harm. Key steps: obtain medical records, consult a Kaiser-experienced malpractice... View More
I recently lost my husband due to what I believe was poor care from Kaiser Permanente and the doctors treating him. He had a history of coronary artery disease with several stents, and in early 2024, he repeatedly reported dizziness, headaches, chest pains, and shortness of breath to both his... View More
answered on Apr 2, 2025
I'm very sorry to hear of your loss. Reach out to an experienced medical malpractice attorney to discuss filing a possible malpractice lawsuit. But keep in mind that there is a 1 year Statute of Limitations on filing such a claim, which runs from the date you discovered the malpractice.
Last week, a doctor assigned by SSI informed me that I was diagnosed with colon cancer back in 2021, according to my medical records, but I was never informed about this diagnosis. I have documents verifying the diagnosis, which the SSI doctor recently explained to me. This was shocking, as I had... View More
answered on Apr 3, 2025
As with any case, there is a statute of limitations concern, and with medical malpractice claims that statute can be arguable, a knew-or-should-have-known test. However, your case sounds as if it warrants investigation as a 'delayed diagnosis' case, and this type of scenario is most... View More
Last week, a doctor assigned by SSI informed me that I was diagnosed with colon cancer back in 2021, according to my medical records, but I was never informed about this diagnosis. I have documents verifying the diagnosis, which the SSI doctor recently explained to me. This was shocking, as I had... View More
answered on Apr 2, 2025
If you have been injured as a result, you may have a claim. Injury will mean your condition progressed from treatable to not treatable, or that the nature of treatment has changed and will leave you in a substantially worse position than if treatment had been provided in 2021. Ordinarily, your... View More
Last week, a doctor assigned by SSI informed me that I was diagnosed with colon cancer back in 2021, according to my medical records, but I was never informed about this diagnosis. I have documents verifying the diagnosis, which the SSI doctor recently explained to me. This was shocking, as I had... View More
answered on Apr 2, 2025
I am sorry to hear of your misdiagnosis. If you learned of the misdiagnosis within the last year, you may be able to file a malpractice lawsuit to recover for your damages against the provider/hospital. The value of your case depends on many factors, such as how far the cancer has progressed, the... View More
I injured my right knee and visited the emergency room twice, first on 2/23/25 and then on 2/25/25. Initially, I was told there was no fracture, and I was diagnosed with fluid in my knee. I was prescribed pain medication and crutches and advised to see an orthopedic specialist. Unable to bear any... View More
answered on Apr 1, 2025
If multiple doctors missed it, I will estimate that it was hard to diagnose. Also, it is unclear what the impact of the misdiagnosis is. The impact appears to be caused by the fracture, rather than a misdiagnosis. Consult with a medical malpractice attorney for specific advise about your... View More
I want to file a medical malpractice and wrongful death case regarding my mother's treatment at Mercy San Juan in Carmichael, California. She was admitted to the hospital on January 23, 2025, with low oxygen and possible a-fib, but unknowingly had a UTI that made her agitated. Despite her... View More
answered on Mar 27, 2025
I am so sorry for your loss and for how she suffered needlessly.
There are many aspects of a medical malpractice/wrongful death case. First is the one year time limit. It appears you are well within that, but do not delay in getting an attorney.
The next issue is did the health... View More
After a kidney biopsy, my [relation] became critical because a vessel was clipped while the needle was withdrawn, causing bleeding and clotting. The medical staff admitted this error. Since the procedure, his health has deteriorated significantly, with constant infections, numerous blood... View More
answered on Mar 24, 2025
For a medical malpractice action to be successful, it must be shown that the conduct of the medical practitioner fell below the applicable "standard of care". Almost always, that requires the opinion of an expert. What you describe as an admission of an error may have only been a... View More
I am concerned about my 78-year-old relative who was heavily sedated during a three-week hospital stay. Despite complaints to both the nursing staff and a case manager about the lack of assistance with feeding, the patient reportedly couldn't swallow due to sedation, leading to severe... View More
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answered on Mar 22, 2025
You might have a case for medical malpractice and what we call neglect of an elder or dependent adult. It all depends on proof. Does the debt certificate mention malnutrition and dehydration? Probably not. Frequently in cases like this, the death certificate doesn't mention the actual cause,... View More
On March 11, 2024, I had a total thyroidectomy for substernal goiter, and soon after, started experiencing dysphonia and dyspnea. I have bilateral vocal cord immobility, which causes shortness of breath after any activity and prevents me from returning to work, causing financial stress. As a... View More
answered on Mar 20, 2025
There are many aspects of medical malpractice attorneys look at in evaluating a potential case.
One is if the future financial losses due to the malpractice warrant a case. What you describe indicate this element may be satisfied.
Also evaluated is did the health care provider... View More
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