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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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The MD I saw for a R. hand injury provided incomplete diagnosis,

Customer Question

The MD I saw for a R. hand injury provided incomplete diagnosis, refused giving an MRI & provided no treatment on the 1st visit - statute expired d/to MRI a few months later. On my 2nd visit, statute not expired, as told to schedule by nurse if I did not get better, the MD walked in, grabbed my healthy left hand (proof of strength), & ground my left thumb into my L. hand saying: "this is osteoarthritis!". I was not able to get any medical help for that when I described occurrence. The medical Board declined any wrong doing. Less than a year ago, I finally had an X-ray of my L. hand for another reason & was diagnosed with severe osteoarthritis at the base of my left thumb with no other hand damage. I mailed a 90 days notice of intent to sue within the year of discovery and the 3 years limitation. Is this a malpractice issue or an assault issue? If malpractice, which documents do I need to file for my case? I have not been able to find counsel & wish to try myself. Can anyone help coach me? I do have a recognized medical expert available. Please let me know. Thanks. GE
Submitted: 1 year ago.
Category: Legal
Expert:  MShore replied 1 year ago.
Thank you for the post, I am happy to assist you by answering your questions. This would be a malpractice claim, and the documents you need would be your medical records showing the failure to diagnose when under this physician's care, but clear diagnosis by a subsequent physician. However, you should not attempt to proceed with a medical malpractice pro se, they are among the most difficult claims to successfully establish due to evidentiary matters and the sheet complexity of the case. You should consider consulting the CA lawyer referral service: 1-866-442-2529 or 866-44-CA-LAW

Please let me know if you need additional guidance.

Customer: replied 1 year ago.
The question is about my left hand as the statute of limitations has expired for my right hand d/to discovery more than a year ago. Please let me know. Thanks.
Expert:  MShore replied 1 year ago.
I know, I was answering based on your left hand.
Customer: replied 1 year ago.
As mentioned, I have tried all the avenues of finding counsel without success over the past 2 years. I have decided to chance it alone even if my chances are low because I want to expose this individual. I am pretty savvy at research and writing. How to I find out which forms to file? Where do I go for information on such procedure?
Expert:  MShore replied 1 year ago.
ok, how much are you seeking in damages?
Customer: replied 1 year ago.
The maximum of $250,000 because my hand was 100% healthy (unlike the R) and is now more handicapped than the R hand with no prior injuries on it whatsoever. There is a slew of activities that are becoming increasingly difficult to perform and I see a very poor future ability to keep earning my living as I get much older.
Expert:  MShore replied 1 year ago.
Thank you here is a good guide in bringing a medical malpractice claim: http://www.saclaw.org/pages/filing-a-lawsuit.aspx

Also see http://www.wmlawyers.com/articles/40.html

Please let me know if you have any follow up questions.
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
MShore and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
For a bonus fee I will provide, could you please tell me:

  1. How to I register for the law library access you sent the link of?

  2. Where in the professional code do I find the laws on the required standard of care and professional conduct for health care professionals?


Please let me know. Thank you. G

Expert:  MShore replied 1 year ago.
1. For access you would call the Reference desk at XXX-XXX-XXXX for more information about logging in.

2. This would actually be the medical guidelines (http://www.dir.ca.gov/dwc/DWCPropRegs/MTUS_Regulations/MTUS_ChronicPainMedicalTreatmentGuidelines.pdf). Here is a link to a great article on determining the appropriate standard of care: https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&srctype=smi&srcid=3B15&doctype=cite&docid=37+Wake+Forest+L.+Rev.+861&key=89073882bfd95a02c9a6a1e6823be61b

Also see http://www.aaos.org/news/aaosnow/feb09/managing9.asp
Customer: replied 1 year ago.
After my 2nd visit with MD1 who retired, I saw MD2 who had been MD1's associate in same office. MD2 continued upon same incomplete diagnostic and did not offer any treatment other than agree to prescribe a custom brace + physical therapy upon my asking and later, as I was not healing with physical therapy but getting worse, finally prescribed an MRI that evidenced additional R. hand problems. He did not really do anything wrong other than endorse the same original MD1 diagnosis and was made aware of what happened to my L. hand with MD1 as I did not want to make matters more difficult for my R. hand treatment. I also sent him and the office he works at a 90 days notice BUT I do not know if I should include MD2 in lawsuit or if I should call upon him as a witness. Can you please advise on this matter? Thank you much. GE
Expert:  MShore replied 1 year ago.
You should include him as a defendant.
Customer: replied 1 year ago.
Hello again, I am on track to get the monthly service for the duration of my suit & hope for your help.

I have filled out the following forms: LACIV 109, CM-010, SUM-100 & 200(A), PLD-PI-001, PLD-PI-001(2)(3) & should I maybe (4) Count one and (6) punitive? Are there any other forms I need to fill out?

I have a few other questions I would much appreciate guidance on:
- how long should I estimate the trial to be for... days? hours?
- is the short title chosen by me or the court?
- I have a dba for architectural & design services in which I lost $ d/to overwhelmed with both hands injured & unable to perform, do I declare that on the forms?
- in PLD-PI-001, Complaint: do I check other: medical malpractice + personal injury or just other?
- in PLD-PI-001, #13 do I enter something?
- in PLD-PI-001, #10 do I enter general negligence + intentional tort + Premises liability + Exemplary Damages (punitive right?)? or just some
- in PLD-PI-001, #14 do I use punitive damages?
- in PLD-PI-001, #15 what do I do? What are paragraph numbers?
- in CM-010, is my case simple or complex d/to medical records?
- does cross-complaint apply to me in any way?
That is quite a bit but hopefully possible for you to address quickly d/to identification used. Looking forward to your replies. With many thanks in anticipation for your time. Best. GE




Expert:  MShore replied 1 year ago.
Hello Guillemette, I welcome the opportunity to assist you further. Please open up a new post in order that I may do so.
Customer: replied 1 year ago.
ok, hoping you get to answer. Thanks. GE
Customer: replied 1 year ago.
Hi there, I have not received any reply to my questions and was wondering if you had seen it posted or were unable to access it. I then simplified to only a part of it with no more success. I seek to finalize my paperwork to file tomorrow and fear being unable to finish. Please help, what can I do? G
Expert:  MShore replied 1 year ago.
Thank you for the follow up, you should have received a message from customer service regarding your follow up question: http://www.justanswer.com/law/70b7p-medical-malpractice.html

If you have not yet received a notice, I apologize, but trust you will very shortly.
Customer: replied 1 year ago.
Hi, well I did not receive anything for hours now. With the link above, I just see a disclaimer. No answer there... not sure what to expect. Does that mean my questions cannot be answered through the service? Thank you for your anticipated input so I don't waste any more time trying and keep plugging at what I am trying to achieve. Best. G

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