Medical malpractice ?

Asked about 1 year ago - San Diego, CA

my sister in law recently had a c-section and immediately after contracted an infection in her incision... we are telling her to sue kaiser permanante because we have done research and learned that women have contracted e-coli from a hospital while having a c-section... is this a good case ?

Attorney answers (3)

  1. Steven Jay Weinberg

    Pro

    Contributor Level 7

    4

    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. An experienced medical malpractice lawyer would have to review the medical records and probably have them reviewed by an expert. Your sister in law should obtain her records than have a consultation with an experienced medical malpractice lawyer

  2. Paul J Molinaro

    Pro

    Contributor Level 17

    2

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    Answered . Physicians are not held to a standard of perfection or even to the standard of being the best or even almost the best... They are held to the standard of care for their community and peers. Post operative infections are a well known and not uncommon complication. Other known risk factors of any surgical procedure are bleeding, nerve damage, and scarring. Just the fact that a known, and acceptable - under the standard of care - complictaion occurs, does not a good medical malpractice case make.

    Ignoring all of my above post, 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
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  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . With Kaiser, you are limited to arbitration as per their arbitration agreement which you can google. Have one of the above lawyers investigate.

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