Do I have a case if I went in for my 4th chemo on my liver but woke up paralyzed?

UPDATED: Oct 1, 2022

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Do I have a case if I went in for my 4th chemo on my liver but woke up paralyzed?

I am paralized from ribs down; it is irreversible. I walked into treatment and now

will never walk again.

Asked on October 22, 2018 under Malpractice Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You MAY have a case; it depends on--
1) Did the chemo or something done to you while it was being adminstered caused the paralysis? It very likely did, but has a doctor or medical professional confirmed that his was the case? There must be a proven causal link.
2) If the chemo or treatment caused the paralysis, was the way the chemo was administered, or dose, or cumulative amount (you write that this was your 4th treatment) or way you were otherwise handled, etc. at the treatment center, negligent or careless in some  way? The law accepts that medicine is an art, not a science, in many ways, and that sometimes medical care providers do everything right or expected of them, but the patient still suffers. You have to have some evidence that the medical team did something wrong--e.g. was careless in some way--to establish liability, since if they did everything write, they are not liable. 
Once you know the answers to the two above questions, you will know if you have a case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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