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Steinlaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 1811
Experience:  Former Insurance adjuster, personal injury attorney, author of California Personal Injury Blog
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My husband had an operation for a cataract last July (09).

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My husband had an operation for a cataract last July (09). There are two issues from this.1. My husband was not informed that he had a retinal detachment and the cataract operation went ahead without anything being done about the retina, therefore was there any point in going ahead with the cataract operation which was bound to fail? A different doctor on follow up seemed to intimate that he would have referred my husband on to a better equipped local hospital. He then referred my husband back to the surgeon.2. The surgeon was very brusque with us and at the point we were ill equipped to ask him the right questions. My husband's main concern at that time was what to do about his other eye which also needs an operation at some stage. The surgeon discharged him with the advise to "Get it done within the next year". .We then went to see someone privately where further investigation of his remaining eye was carried out and treatment to his blind eye commenced. Was this surgeon negligent?

You may have a case for malpractice. Medical Malpractice claims require three things.

1. You need to show that there existed a duty between the doctor and the patient. This is typically established though expert testimony from people who are familiar with the practice (a doctor in the same specialty).

2. You will need to show that the duty was breached...that the doctor took some action or failed to take some action that caused his care to fall below the standard.

3. You need to demonstrate damages...that the patient was harmed in some way.

To determine how strong a case, you really need to talk with a medical malpractice attorney. Such cases are complicated and depend on a variety of factors, including age, procedures used and expectations from different techniques. To determine you need to work with medical experts who know...again this is why you need to sit down with a med mal attorney who can tell you if you have a case.

It seems to me that you have at least a circumstantial case.

You may want to start with an attorney that can write a demand or "pre-suit" letter. This letter will put the hospital on notice that you believe the services are not proper and you expect compensation for his malpractice. On the letterhead from an attorney they may give the letter a bit more respect.

If you can not get the provider to agree to the demand, you will need to sue. It may be you can sue in small claims court, but you will need to be able to present evidence that the practice was below standard, and this will require testimony from other doctors. For this your would be best served to retain the services of an attorney.

In finding the right lawyer...Talk to several...find out there experience with such cases and their record. Talk to former clients to verify they were happy. Its a buyers market, pick a lawyer who can fight for you. If you talk to several lawyers and cannot find one, then this is a sign that there is some fact missing that makes your case difficult or impossible.

Good luck.

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