The problem with this forum is that it leads to simplistic answers from attorneys that do not really know - present company included. A medical malpractice case is huge - leads to large recoveries and is costly and time consuming to prosecute. One of the attorneys here gave a great tidbit "did he deviate from the standard of care."
Now, anyone that went to law school - even me - knows what that means. But, the general public doesn't. Rather than give you a dissertation let me simply tell you the process a medical malpractice attorney goes through in evaluating your claim.
The first thing he does is get your medical records together. Then, he sends them to a consultant who is a medical doctor to review them and give a medical opinion on whether your doctor "deviated from the standard of care." Without that report, a lawyer cannot even start a medical malpractice law suit. However, even if he gets that report, the lawyer must still consult you on the likely recovery. This will turn on your "damages," i.e., how hurt you are. In your case, much of your damages rests on the fact that you lost your job. Fine, but then you have to have evidence of that. Then you must make a choice - do you want to commence a lawsuit and go through the time and effort for what is the likely upside.
I feel that you have a case worth looking into, and although I do not personally prosecute medical malpractice, my office is affiliated with an excellent Manhattan medical malpractice attorney. He works strictly on contingency fee so he does not get paid unless he recovers for you.
With all medical procedures there are associated risks. Your physician should have informed you of such risks before conducting a procedure. In order to hold the doctor liable for malpractice the spinal tap would have been something no other doctor would of done in that situation. Legally that is a very hard burden to overcome. You need to consult with an attorney as soon as possible.
-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.
You can always sue. The question is whether or not you have a viable claim. You should consult with an attorney that handles malpractice cases as soon as possible.
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