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Does my mom have any type of medical malpractice case (follow up questions)

Los Angeles, CA |

http://www.avvo.com/legal-answers/do-i-have-any-type-of-case-of--medical-malpractice-890322.html

Hi, about 4 months ago I asked a question regarding my moms unruptured brain aneurysm (please see link).
The week after I posted that question my mom was approved for surgery to take care of the aneurysm only the surgery wouldn't be for a month and a half. Two weeks before the surgery, the aneurysm ruptured and she was rushed for emergency surgery then spent 6 weeks in ICU in an induced coma.
12 weeks later (original hospital said 6-12 months) her insurance has sped her through the recovery process and has now dropped her coverage leaving her unable to walk, change herself, feed herself etc..
Just please let me know if it's worth talking to a lawyer now or a lost cause. Thanks a million.

Attorney Answers 6

Posted

More information is needed to evaluate the potential claim. The best thing for you to do is make an appointment with a local medical malpractice attorney to discuss your case and what options you may have. Good luck.

Randy Sevenish is licensed to practice law in the State of Indiana. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship. Please speak with a local attorney to discuss your potential legal issue.

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Posted

Yes, it is worth it for you to talk to a medical malpractice lawyer. There may or may not be a case, but it is worth a consultation. I hope your mother is starting to do better.

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Posted

Given the seriosuness of your mother's injury from teh ruptured aneurysm, you should certainly consult with one or more experinced medical malpractice lawyers. There has been a lot of controversy over the years whether it is better to operate on aneurysms sooner or later. The question is, why did they opt for later in this case? If the docs had a good reason to decide to do it later, that would be a judgment call, and probably not a case. If standard practice in the circumstances required operating sooner, there might be a good case here. The is no way to know without you consulting a lawyer, and the lawyer consulting experts.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

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1 comment

Paul J Molinaro

Paul J Molinaro

Posted

Good answer, Mr. Brophy, Esq. The "judgment call" defense is one that would certainly be used by the defense team hired to represent a neurosurgeon who opted to wait a while before operating on an aneurysm. - Paul Paul J. Molinaro, M.D., J.D. Attorney at Law, Physician, Broker Fransen & Molinaro, LLP 980 Montecito Drive, Suite 206 Corona, CA 92879 (951)520-9684 www.fransenandmolinaro.com / www.888MDJDLAW.com "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy. ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

Posted

I'm sorry to hear about your mother. You should retain a local malpractice lawyer who can order her medical records and send to an expert to review to ascertain whether there was a breach of the standard of care.

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Posted

Dear Poster, I am SO sorry this has happened to your poor mother. This is just terrible.

I think you absolutely should consult with a medical malpractice lawyer. However, I would also suggest you contact an insurance coverage lawyer - the insurance company may have illegally withdrawn her coverage. There are many good and qualified lawyers on this site. I handle both med mal and insurance coverage disputes. If I can be of help, please let me know. Take care, and I hope your mother is OK. Rabeh

Rabeh M. A. Soofi
Attorney

Los Angeles | California
Phone: 213.632.9390
Fax: 213.986.3485
Email: rsoofi@sb-lc.com
Web: www.rabehsoofi.com
Twitter: @rabehsoofi

*** ATTORNEY ADVERTISING MATERIAL *** I am providing you with general comments, not legal advice. Nothing in this answer creates an attorney-client relationship nor constitutes legal advice, as I do not know the facts of your case well enough to be able to guide you, nor am I making any promises about the outcome of your case, or any guarantees about my capabilities, skill level, or predicted success. If you would like to retain me to provide you with legal advice, please contact me and we can discuss the engagement.

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Posted

Your decision to hire a lawyer is a very personal one. I have visited with many people who's lives have been affected by medical negligence that decided not to pursue their claims. Others have felt differently, but the millions of dollars we have recovered for them never erases the pain and loss they have experienced. The Civil Justice system not only attempts to make you whole by recovering your financial losses, but also allows you to recover your human losses for your pain, suffering and loss of enjoyment of life. Also remember the Civil Justice system is a regulatory system, so if you decide to pursue your moms claim, perhaps you can help avoid this happening to others.

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