Perhaps the more important question is whether suing your dentist is worth your time and energy. You can sue your dentist but you should consult with an attorney who specializes in dental malpractice to determine if a lawsuit is in your best interest. You may want to consider filing a complaint against the dentist with the California Dental Board. They can be reached at (916) 263-2300.
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The time limit to begin a case of medical malpractice is spelled out in California Code of Civil Procedure section 340.5. In sum, the statute requires you to begin your case within one year of first suspecting the negligence or three years from the manifestation of your injury, whichever occurs first. If the case is against a governmental entity, you must make a claim within 6 months of the accrual of the cause of action. You should consult an attorney to go over the various aspects of the...
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Assuming the doctor or hospital is not a public entity, you have one year from the time you knew or should have suspected the negligence or three years from the manifestation of the injury, whichever occurs first. The statute of limitations can be found at California Code of Civil Procedure section 340.5. Interpreting the statute can be difficult without an attorney.
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I would recommend obtaining a complete copy of your medical records from the doctor's office and from the surgery center (if the surgery was performed outside of his office). You are entitled to a copy by law. You will then be able to read the operative report and determine for yourself whether an implant was used. You will also want to read the Informed Consent document carefully to see if you signed the form stating you were aware of the use of an implant prior to surgery.
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Dear Grieving Family: Your father may have been the victim of negligence. There are various medications and devices that can decrease the liklihood of clot formation. Whether the doctors implemented the appropriate post-op management techniques will need to be evaluated by our expert witness. Please contact my office if I may be of assistance to your family. Sincerely, Craig Walkon walkon@craigwalkon.com
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You should consult with a foot surgeon outside of your geographic area to get a better understanding of what happened during your surgery. You want to attempt to learn if your injury is considered a known risk or complication of the procedure. You may also wish to consult with an attorney who is a medical malpractice specialist. He or she may be able to direct you to the appropriate consultant.
Dental malpractice cases are quite unique. Many medical malpractice attorneys do not specialize in dental cases. You want to be sure that the attorney you consider does a fair amount of these cases before you sign any retainer agreement. You can contact a medical malpractice attorney in your area and ask for the appropriate referral to a dental malpractice specialist.
You need to speak with an attorney who specializes in medical malpractice. It seems that you may have a case. Be aware of the one year statute of limitations to ensure that you comply with the procedural laws in California.
You can obtain certain information on the doctor by going to the website for the California Medical Board and type in his name. You could also try to check the civil index in your county courthouse for prior lawsuits against him.
Dentists are healthcare providers and as such, are governed by C.C.P. section 340.5. This means that you have one year from the time you first suspected the wrongdoing to begin your case. If the dentist was part of a governmental entity, you must put the entity on notice of your claim within 6 months. In order to determine if you have a case worth pursuing, you would want to consult with an attorney who specializes in Dental Malpractice (not just Medical Malpractice).