My fiance died feel 2012 due to a ruptured bowel the surgeon that did the surgury.said it was from a clamp from a gastric bypass.do i have any rights?
Answer
His heirs and representatives may have claims to make, if they can satisfy the general requirements for a malpractice claim.
When claiming medical malpractice, your claim must be supported by the opinion of a doctor who is a 'qualified expert' in that field of medicine, who is prepared to say the treatment fell below the acceptable standard of care, and that there was legally recognized damage. Neither your opinion about malpractice, nor mine, is relevant nor 'proof' of malpractice. What may seem obvious to you and I is not necessarily a conclusion an expert will support. Would the other treating doctor[s] be willing to provide that opinion? If not, you can get independent experts for that purpose if the other treating doctors say there is negligence but they won't testify. I can provide referrals and assistance if necessary. If you obtain such an expert's testimony, and if you determine that you have a case with MERIT [provable case with a likelihood of winning], VALUE [substantial provable damages, and death certainly is that] and COLLECTABILITY [defendant with substantial assets or insurance; most doctors meet that criteria], then you would have grounds to bring your legal claims in a lawsuit. Keep in mind that you have only one year maximum from 'notice' or learning of the suspected malpractice to bring suit.
If you think you meet those criteria, feel free to contact me for help.
No comments:
Post a Comment