Legal Question in Medical Malpractice in California

Re: NEED CA. CODE for pleading

I can't tell from your question if the case is now back in court because the order of dismissal was vacated because you filed a motion under CCP section 473, or if you refiled and they are demurring under the statute of limitations. If they are claiming res judicata, i.e. prior adjudication of issues, your previous dismissal did not adjudicate the merits and they should lose.

The larger question here is why are you proceding without an attorney. If you can't get a qualified attorney to take this case its a loser and should be abandoned. If you can, you need a qualified attorney in any medical malpractice case. I have NEVER in 26 years of practice known a pro per plaintiff to win a medical malpractice case.

If your case is meritorious you can find any number of attorneys who will be willing to take the case.

Re: NEED CA. CODE for pleading

CCP � 340.5. In an action for injury or death against a health care

provider based upon such person's alleged professional negligence,

the time for the commencement of action shall be three years after

the date of injury or one year after the plaintiff discovers, or

through the use of reasonable diligence should have discovered, the

injury, whichever occurs first. In no event shall the time for

commencement of legal action exceed three years unless tolled for any

of the following: (1) upon proof of fraud, (2) intentional

concealment, or (3) the presence of a foreign body, which has no

therapeutic or diagnostic purpose or effect, in the person of the

injured person. Actions by a minor shall be commenced within three

years from the date of the alleged wrongful act except that actions

by a minor under the full age of six years shall be commenced within

three years or prior to his eighth birthday whichever provides a

longer period. Such time limitation shall be tolled for minors for

any period during which parent or guardian and defendant's insurer or

health care provider have committed fraud or collusion in the

failure to bring an action on behalf of the injured minor for

professional negligence.

Re: NEED CA. CODE for pleading

THANK YOU FOR CONTACTING:

LOSANGELESFIRM.COM

WE ARE DOUBLE BOARD CERTIFIED PHYSICIANS AND MEDICAL PLAINTIFF MALPRACTICE LAWYERS.

THIS IS OUR FIELD AND THIS IS ALL WE DO. WE ARE LOCATED IN LOS ANGELES, CALIFONIA.

WE REVIWED YOUR QUESTION:

THE MOTION OF DEFENDANT IS EXPECTED AS A MOVE BY DEFENSE.

THERE IS NOT ANY CODE OR CASE THAT COULD SAVE YOU FROM DISMISSAL.

MEDICAL MALPRACTICE CASE IS A VERY COMPLEX AND DIFFICULT CASE TO PURSUE. HANDLING A MEDICAL MALPRACTICE CASE WITHOUT AN ATTORNEY IS NOT A WISE MOVE.

YOU MUST HIRE AN ATTORNEY TO ARGUE THE LAW IN OPPOSITION TO DEFENSE'S MOTION.

PLEASE RETAIN AN ATTORNEY AS SOON AS POSSIBLE.

DUE RESPECT,

LAW OFFICES OF MEHRBAN & ASSOCIATES

Re: NEED CA. CODE for pleading

DISCLAIMER: This reply does not constitute legal advice. You should immediately contact the Law Office of A. Russell Martin (415/364-1604) (hereinafter �Attorney�) or another lawyer to fully protect your legal rights. Attorney cannot render a considered legal opinion based on the limited information provided. Consequently, you cannot rely on the statements contained herein. Moreover, Attorney cannot guarantee a particular result for your case. This reply does not constitute an offer for professional services and no professional relationship exists until Attorney and all prospective clients execute a separate written fee contract according to subsequently negotiated terms. Please be further advised that all potential claims will be lost forever if they are not filed with the court in time, so you must contact a lawyer immediately.

_________________________________________________

Hi,

I am sorry to learn of your situation. Your posting did not provide enough information for me to respond. However, I think you are in deep trouble. It is very risky to represent yourself in a medical malpractice case and it sounds like the defense attorneys smell blood. Call me if you want help.

Best of luck and God Bless,

Russ Martin

(415)364-1604

[email protected]