How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
71563194
Type Your Legal Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

During chemotherapy treatment, my wife sufferred severe

Customer Question

During chemotherapy treatment, my wife sufferred severe neuropathy on both hands and feet. Under this condition she won't be able to go back to work doing her regular routines as a Medical Technologist. Her job requires her to be on her feet most of the time and handle delicate biohazard specimen for processing. Can this condition be considered as an injury since this is caused by the concoction of chemical that destroyed the nerve system on the feet and hands?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Yes, this can be an injury. Whether or not this injury is a side effect of the treatment, or a case of malpractice (a condition caused by the providers acting below their standard of care) is something that you would need to speak with a medical malpractice attorney about to discuss this matter in more detail.

Medical malpractice claims are based on expert testimony, this means you, or your attorney, will need to find a medical expert in the same, or similar field, to testify as to the standard of care in the industry, whether your physician or facility's conduct fell below that standard, and whether that negligence was the cause of your injury. The same (or a different) expert can then testify as to your projected future damages and cost of medical care.

Due to the complexity of these claims, I highly recommend that you retain a medical malpractice plaintiff's lawyer (also called trial attorneys). Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment).

You can find local attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Regardless as to whether or not the cause of your wife's condition is malpractice or is a side effect of the treatment, she is likely going to qualify for disability benefits. You can apply for these yourself (without an attorney), but I do recommend retaining a lawyer to help you (the reason for this is that a lawyer will help you navigate the process and ensure that your application is processed quickly and deal with any premature denials, etc. (many claims are denied in error and must be appealed which are later approved - having a lawyer prepare your application can help you get benefits faster).

Related Legal Questions