How long do i have to file malpractice in california

Asked over 1 year ago - Napa, CA

an infection from a surgery was left untreted and became disabeling 6 months later

Attorney answers (5)

  1. Steven Jay Weinberg

    Contributor Level 7


    Lawyers agree

    Answered . An infection is a known risk or complication of any surgical procedure and does not by itself prove the doctors or hospital where negligent. In order to have a valid malpractice case your lawyer must be able to prove there was some negligence on the part of the health care providers in diagnosising or treating the infection.. An experienced medical malpractice lawyer would have to review the medical records and probably have them reviewed by an expert. You should obtain all of your medical records than have a consultation with an experienced medical malpractice lawyer .
    Steven J. Weinberg, Trial Lawyer
    (760) 346-0227

  2. David Brian Snyder


    Contributor Level 15


    Lawyers agree

    Answered . I agree with Attorney Weinberg that the infection itself is not necessarily a breach of the standard of care. Infectious disease cases are often very complicated and unfortunately, the infection alone is not the sole indicator as to whether or not there was malpractice because it is a known complication. A careful review of all of your information, including all lab tests will be needed in order to determine whether or not there is a breach in the standard of care. There are many bases for bringing a malpractice suit when there is an infection, including the failure to diagnose, the failure to make an appropriate referral, the failure to use best practices during the surgery and the hospital itself may have a poor infection rate. l would recommend that you obtain your records and then bring them to an experienced attorney in your area to have those records review by the appropriate physician. I wish you a full and speedy recovery.

    David B. Snyder, Esq.
    6876 Buckley Road
    Syracuse, NY 13212
    Mr. Snyder is licensed to practice in New York and practices Medical Malpractice Plaintiff’s work in Syracuse; he cannot offer legal advice in other states. This answer is meant to be a public service and not an attempt to solicit business. Moreover, my answer cannot be considered a legal opinion of your case / inquiry. Unless I am retained in a matter and have completed a full investigation of the underlying facts and law, I cannot give an opinion on which to rely. Furthermore, unless your matter concerns New York law, I am not licensed to practice or give specific legal advice in your state.

  3. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . Hospital acquired infection cases are tough, but with an aggressive local malpractice attorney, your chances of a successful resolution increase exponentially. Have a lawyer who handles these cases order your records to investigate.

  4. Paul J Molinaro


    Contributor Level 17

    Answered . Physicians are not held to a standard of perfection or even to the standard of being the best or even almost the best in their field... They are held to the standard of care for their community and peers.

    Post operative infections are a known bad outcome, and in and of themselves do not indicate substandard practice. That said, failure to timely identify and properly treat a post operative infection may be below the standard of care.

    Anyone who even thinks he or she has a medical malpractice case should immediately consult with an experienced medical malpractice attorney. Most of us offer free consultations, so there is nothing to fear in calling us.

    - 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 /

    "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 and does so anywhere in the State of California.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
  5. Mickey David Larson

    Contributor Level 14


    Lawyer agrees

    Answered . I am not licensed to practice law in California, so you should consult with a licensed attorney in CA to discuss your claim. That said, I believe the general limitations period for medical malpractice claims is one year, although it's possible that you could have as long as three years (or longer if the cause of the infection was an object that was left inside your body). I hope this helps. Take care.

    My discussion with you regarding the question you posted on Avvo does not create an attorney-client relationship,... more

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