Personal Injury Law
Ask a Personal Injury Lawyer. Get an Answer ASAP
Thank you for your question. Please allow me to assist you this afternoon.I am genuinely sorry to hear that your girlfriend's aunt is in this situation. Please allow me to provide you with some information that should help.In California a statute of limitations for medical malpractice has a 3 year statute from the date of injury, or 1 year from the date when the injury was discovered, whichever occurs first. But for foreign objects the statute is suspended and begins running from the date the object is discovered and gives you a year to file. This is therefore a valid claim.There is 'proper' procedure but you can (and will) demand copies of all her medical records and transcripts, and the victim, in writing, can demand that the doctor save the object so that she could take it home. Such a request is sufficient.Medical malpractice claims are typically done on contingency, meaning that there is no outright cost to the victim. To find a good medical malpractice attorney look for those who have medical professionals already on staff. Med-mal cases can be complex so you would want to focus on attorneys who potentially have a boutique firm or a god department that can assist with this suit.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).