QUESTION:

Back in March 23, 2011 my husband was left in a hospital room for 6 hours unattended and was discharged without being seen, and yesterday, March 17, 2013 I was taken to the emergency room was given the wrong meds that I’m allergic to and wrongfully treated. It was stated in my file that I’m allergic to codeine narcotics and still they gave me the meds. No one helped me and I was given 5 shots and 3 pills by mouth. No one explained anything to me and they didn’t allow anyone in the room with me. I asked for water 3 times and it was not given to me. I couldn’t breathe and all I got was rude attitude saying calm down. When discharged, I was left alone in a wheelchair until a family member arrived. What kind of attorney should I look for?

ANSWER:

The kind of attorney you should look for is preferably the one specializing in personal injury cases. Attorneys are not insurers or predictors of accuracy. But “competent” representation means that, regardless of experience, counsel will be expected to research the law to make informed intelligent judgments regarding the issues presented. [Aloy v. Mash (1985) 38 C3d 413, 212 CR 162].

Furthermore, in medical malpractice cases, the appropriate standard of care required of a medical professional is not a matter of common lay knowledge. Therefore, except in cases of “egregious” medical negligence (¶ 2:386 ff.), expert medical testimony is required in medical malpractice actions to establish the standard of care required of a physician (or otherhealth care provider) under the circumstances. [See Flowers v. Torrance Mem. Hosp. Med. Ctr.(1994) 8 C4th 992, 1001, 35 CR2d 685, 690). It would be best to seek personal assistance from a lawyer in order to guide you in filing a personal injury claim.