Santa Maria, CA Personal Injury Law Firms & Lawyers

Comp benefits and insurance benefits are partly offset depending on precise circumstances of your case which you have not given. If you need surgery, get it done before you sign any agreements with anybody about anything. Get you a lawyer if you don't have one. You are in a mine field whether you know it or not. And insurance companies will take advantage of your ignorance.

Yes you can sue a doctor and hospital for malpractice and/or failure to obtain informed consent ("lack of information"). This assumes that the doctor and/or hospital staff did something wrong during your circumcision. You do not indicate what was done wrong or what information you were not given. Generally, to establish medical malpractice you must prove each of the following: (1) the generally recognized medical standard of care; (2) a deviation from that standard by the doctor; (3) that the deviation was the proximate cause of your alleged injuries; and (4) the nature and extent of your injuries and damages. More simply, you have to prove that the doctor did, or did not do, something that most other doctors would have differently under the same circumstances. In most cases, a doctor must establish (usually through his or her testimony) these items. As to the failure to obtain informed consent, you must prove that you should have been given additional information and, had you had this information, you would not have undergone the circumcision. The wrongdoing of the doctor is separate from any wrongdoing on the part of the hospital staff. It is possible that only one, either the doctor or hospital staff, is liable for any injuries or problems or they both could be. You also do not indicate when the circumcision occurred. For adults, the statute of limitations for medical malpractice and failure to obtain informed consent is 2 years from the date of the malpractice. There are a couple of things that extend this period, such as if you were a minor or did not learn about the malpractice. However, there is a statutory maximum period in which a claim can be brought even if extended beyond the 2 years. I would suggest contacting an attorney who handles medical malpractice. You can give him or her more information and they can tell you whether you have a claim.