CA tort law, medical malpractice claim for cancer misdiagnosis

Medical malpractice claims are much too complicated for you to try to handle on your own. If you case has merit, you will eventually find an attorney willing to pursue it. Keep looking. Try your local bar referral service, if you haven't already.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

I am not licensed in CA, but practice in the area of medical negligence in Florida. Often we tend to think that the standard of care for the practice of medicine is that care that we would like for our close family members to receive, but in reality that is not the case under the law. You are entitled to that care that the reasonable similar provider in the same or a similar medical community would provide under the same or similar circumstances. I hope you notice that with all that legal lingo there is a lot of judment that comes with the practice of medicine. Isay this to point out that you may be having difficulty finding a lawyer because determining whether the Whipple procedure should have been performed was reasonable under the circumstances. Unless a lawyer can find another medical expert who will say that it was unreasonable we cannot move forward to pursue a claim.

You hear a lot of medical associations whining about frivolous lawsuits, but the truth of the matter is that there are few to none. This is the case because they are expensive and require the hiring of a like medical specialist to pursue. We cannot move forward without the evidence and tesimony that malpractice has happened. The wost that that could happen to you and your husband would be for you to spend and invest five years of your life in a case that you could not win. I am not suggesting that you should not continue to talk to local lawyers, but I hope that this explanation gives you some basis to understand why you are having difficulties.

Betsey Herd
Tampa, Florida

Seek a local lawyer to assist.

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

Please, stay safe. Get the help you need right away. Good luck to you.

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