Legal Question in Medical Malpractice in California

Med Mal/WD Complaint

I am a paralegal with several years experience. I know CCP, CA, & local superior court rules very well. I am drafting a med mal/WD complaint in a personal matter. I just want to know if it is preferable to draft a verified Complaint in this type of action? I have seen verified Complaints, unverified, and even WD Judical Council form Complaints. Which type of Complaint is best for WD/med mal/survival statute causes of action? Thank you.


Asked on 7/12/07, 3:38 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Med Mal/WD Complaint

If you know, or think you know, all of the above then you should know that the advantages and disadvantages of each type of complaint are discussed in Rutter Group Cal. Civil Procedure Before Trial.

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Answered on 7/12/07, 3:48 am
Patrick Lanius Lanius & Associates

Re: Med Mal/WD Complaint

Any one is sufficient. But an unverified complaint is better than verified one since it does not risk introducing credibility issues into the mix.

Be sure to comply with the pleading requirements for a Survival acvtion under CCP 377 et seq.

One Cause of action for medical negligence causing wrongful death for the heirs and the other Cause of Action for the Survival claim by the successor in interest or personal representative.

Good luck.

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Answered on 7/12/07, 12:42 pm


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