I am truly tired of getting horrid injuries that I have to live with for the rest of my life and lawyers end up just rejecting me and telling me not to wait too long due to statue. I KNOW this - not my fault no one wants to take it. Situation is this: August 2016, dumb radiologist pokes me with a dye needle during a CT scan of my kidneys, which I KNEW was unnecessary. She hit a tendon or nerve or muscle and I was in severe pain. My eyes shot colors and I felt soooo HOT and was in much pain! I told her and she said "oh thats just the adrenaline rush." I am poked for years due to my autoimmunity so I am not having an adrenaline rush! Anyway, couldnt move my arm. Much pain. No one cared. She twisted and turned like a sadist. Afterward I am bruised and swollen. I had no feeling in my arm - it was numb. I had repeatedly called and even went by - I was just told to ice it. I had done that - no luck. Over MUCH time, feeling came back but I was dropping water glasses - my strength was gone and the pain persists. An elbow orthopede said I had full range of motion (he was only looking at bones). To date I still feel pain, cant shampoo hair or lift arm w/o discomfort, pain. I was told to wait
You will have to continue contacting medical malpractice attorneys. Consider that the laws that protect doctors have intentionally made it very difficult to sue doctors. Write your lawmakers and groups that oppose trout reform.
Unfortunately, California has a rather narrow window for filing a medical malpractice claim. California Code of Civil Procedure section 340.5, states that such a case must be brought “within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury,” or within three years of the date of the injury, whichever comes first. Speak with local counsel for further clarity.
The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.
If you're really tired of not being able to find representation, consider voting next time you see a pro-consumer bill in California relating to medical malpractice. In a nutshell, the medical and insurance lobby made it extremely difficult for victims such as yourself to find a representation. Contact your elected representative and ask him/her why is it that victims of medical malpractice have to depend on the consent of the doctor to settle their cases. Ask why there are caps on damages (see MCRA). Ask why the fees that lawyers can legally charge to other tort victims are limited and capped in medical malpractice cases.
I hope you are getting the picture!!!
The system is rigged and you're paying for it.
If you want the truth of the matter it is that you have the burden of proof to prove that there was a breach in the standard of care of administering the injection. How do you prove that? With evidence that probably is not there, for example the words: "Oops I missed my target and I hit the patient's nerve since I was not aiming correctly." Thus it would be easy for a defendant to say they did not make a mistake and you have an unusual anatomy. In order to try and find this evidence you will have to engage an expert witness for thousands of dollars. Also as the others are mentioned, there is tort reform which makes settlement less likely, so you may have to put on a trial.
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.
The California legislature has made the legal procedures and rules for medical malpractice cases different from other areas, and done so with a purpose - that purpose being protection of doctors... and while there are many who see protecting doctors as a bad thing, it is not in and of itself really so... some doctors should be protected while others should not get the extra legal shield afforded by the law. Physicians provide an extremely valuable services to the public and one that requires an enormous amount of skill and brain power to provide correctly - all in a field which is not black and white science but science and art combined - lives are at stake, opinions vary, advancements in science abound, no two patients are alike, etc.
In addition, medical malpractice cases are extremely expensive and difficult to bring (properly, that is... anyone can slam together an unintelligible complaint and pay the filing fee). To make a suit "worth it," there needs to be significant damages - and damages that would not have occurred otherwise. As a generalized example, a one month delay in treatment, that is just as effective one month later as it would have been earlier is not going to provide significant damages.
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.
* Dr. Paul J. Molinaro, M.D., J.D. (Attorney and Physician) ** 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 defective drug and medical device litigation, medical malpractice, personal injury, health supplement litigation, and real estate law and does so anywhere in the State of California. **** If you enjoy my posts, enjoyed a consultation with me, or are a happy satisfied client, please give me an Avvo recommendation/review.
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