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 Zachary Your Own Question

Zachary
Zachary, Attorney
Category: Personal Injury Law
Satisfied Customers: 3987
Experience:  Lead Personal Injury Trial Lawyer
17219180
Type Your Personal Injury Law Question Here...
Zachary is online now
A new question is answered every 9 seconds

My mom had lipoma removal at Kaiser, it was done by resident

Customer Question

My mom had lipoma removal at Kaiser, it was done by resident physician from UCSD without supervision. Lipoma removal wound was reopened and left to heal by secondary intention. One after surgery, my mom still have pain at site and when she lift anything heavy, it would bleed. I called two local lawyer, they said" too small of case for them to take on". can i sue kaiser the health plan for admistrative negalience for not disclose surgeron was resident. My mom would never agreed to have resident work on her
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

The failure of Kaiser to disclose that the surgeon performing the surgery was a resident is not one which would be considered by the law to serve as a foundation on which you could base a legal claim, as there is no legal requirement to disclose whether or not a surgeon is a resident.

Further, the damages your mother is claiming are only related to the referenced malpractice of the surgeon. They cannot be linked to a failure to disclose (assuming the disclosure was not legal). In other words, regardless of the materiality of the failure to disclose, the lack of disclosure did not result in the injuries for which you are seeking compensation. This is what is referred to by the legal doctrine of Proximate Cause.

Pleae let me know if you have further questions regarding this matter.

-ZDN
Zachary, Attorney
Satisfied Customers: 3987
Experience: Lead Personal Injury Trial Lawyer
Zachary and 8 other Personal Injury Law Specialists are ready to help you
Customer: replied 1 year ago.


what about breech of contracts, I reviewed kaisers evidence of coverage with health plans, it claimed their net work providers are paid for the plan. This is case a UCSD resident is a not network provider and should not be giving care

Expert:  Zachary replied 1 year ago.
I'm not sure how you mean. First of all, you state that a resident performed the surgery, but this does not mean that the resident is not qualified to perform the surgery. Second, a resident is an employee of the hospital and is paid to work. I am going to be straight forward with you here, I do not believe there is a breach of contract in this case.

Customer: replied 1 year ago.

Actually this resident is from UCSD, not paid by Kaiser, according to residency training guidelines, all resident encounters need to identify supervisor physician to obtain informed consents. How can I sue kaiser other than medical malpractice which local lawyers deemed "too small to work wih"

Expert:  Zachary replied 1 year ago.
I do not believe you have any other cause of action apart from a potential malpractice claim against Kaiser. I'll opt out and allow another expert to chime in if they have any ideas.

Best of Luck,
ZDN
Expert:  California Lawyer replied 1 year ago.

Hello,

I agree with the previous professional. I don't believe there is any duty to disclose the status of the doctor who provided service, and I do not think that you can link it to an injury even if there was. Further, unless the damages you are claiming are substantial (and you can link them only to this breach [if there was one]) then the cost of litigation would greatly overexceed any recovery you might get.

Lastly, the fact the the procedure did not have the outcome you wanted, does not mean that the doctor did anything wrong.

I hope this helps.

D

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Attorney

    Satisfied Customers:

    881
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    881
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    514
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    384
    I provide basic personal injury advice to my clients in my own practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    379
    I have 30 years of legal and litigation experience.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    366
    20 years experience in personal injury law - both plaintiff and defense
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    361
    Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Attorney

    Satisfied Customers:

    347
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.