Medical malpractice lawsuit

Asked 12 months ago - 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)

  1. Shane Michael Boasberg

    Pro

    Contributor Level 12

    7

    Lawyers agree

    Answered . 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...

    This email (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Have her retain a NJ med mal lawyer.

  3. Manuel Alzamora Juarez

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,136 answers this week

3,115 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,136 answers this week

3,115 attorneys answering