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How dose a person determin if a medical malpractiice was done or a hospital misstake?

San Diego, CA |

if a catheter was placede wrong and damage is done to the person that the person has trouble going to the bathroom, and had no touble for 43 years and this happens.

Attorney Answers 3


  1. Consult with a medical malpractice attorney in your area, who in turn will consult with a physician in this particular field of medicine who can review your charts and opine whether or not the hospital's doctor(s) performed any procedures which were below the standard of care. In professional malpractice cases, expert opinion testimony is required to prove or disprove that the defendant performed in accordance with the prevailing standard of care, except in cases where the negligence is obvious to laymen.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.


  2. Mr. Chen provides sound advice. In order to make an informed decision whether or not you have a reasonable basis to proceed with a medical malpractice action, you do need to consult a medical mapractice attorney. As noted, the attorney will in turn need to retain a medical expert to review the pertinent medical records.

    This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.


  3. I recommend that you gather all of the medical records, including those from the hospital and from you subsequent treaters. Once you have records, call me to make an appointment. I can meet with you in my office in Canyon Lakes. Keep in mind that the statute of limitations is brief.

    Best of luck to you.

    Attorney Rebekah Ryan Main – visit us on the web at www.Main-Law.com or call 909-891-0906 to set up a consultation.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

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