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Medical malpractice lawsuit

Moreno Valley, CA |

Someone I know had a cesarean section in New Jersey in 2006. Unknown to her, her tubes were tied during the surgery without consent from either her or her husband. She only found this out now during a routine examination with her ob/gyn, but she now lives outside the country in Brazil. Is there a possibility to enter into a lawsuit against the hospital/ doctor at this time? And if so can she do it with a lawyer from Brazil or would she have to find one in the US to represent her?

Attorney Answers 3


I think you need to an attorney who specializes in international law coupled with Personal injury experience. I suggest you consult with a local PI attorney to confirm you have a lawsuit and the statute of limitations (timeline to sue) has not run. She will be bale to file a suit in the US and won't have to spend much time here but she will most likely have to travel here for depositions, trials, etc...

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She should hire a malpractice attorney in the US. There are many Portuguese speaking attorneys that would be glad to speak with her. The only problem is the Statute of Limitations. We need to have a doctor in Brazil to review her medical file there and write an opinion that she has never undergone any tube ligation in Brazil. Second, that this tube ligation could not have been discovered but for the routine investigation with her OB/Gyn (trouble here). How come she did not have a routine OB/Gyn examination in the last six years. (Maybe all the OB/GYN's also saw the tube ligation, but none made a comment, assuming that it had been done voluntarily, it is possible). Third, you have to hire a lawyer in the US to review her medical record here; and finally this expert would have to conclude that there is a case of malpractice because the treatment fell below the medical standard of care. Only then, would a medmal lawyer decide to take this case. Also, most of these cases are very difficult and expensive to litigate and the medical recovery is limited to $250,000.00 thanks to the insurance companies' lobby, which is very effective in California.

Eu fallo Portognol e eu comprendo Portuguese mais no lo escribo muito beim. Adeu et buena fortuna.

This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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Have her retain a NJ med mal lawyer.

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