Legal Question in Civil Litigation in California
The surgeon who performed a surgery on me has stated in an email to me that the previous surgeon who performed the surgery did it wrong.
Can this email be considered as a legal declaration?
Thank you for clarifying.
1 Answer from Attorneys
A "declaration" is a statement made under oath. So, unless the email is in the form specified by statute, it is not technically a declaration. If you are involved in a potential medical malpractice case, you need to consult with an attorney who has experience with these types of cases. The medical industry has gotten special laws passed which give health care providers extreme advantages over patients. The deadlines for starting cases are very short, and have additional requirements. You can lose your case before you ever get to court if you are not careful. Once you are in court, other technical hurdles exist. Most lawyers who handle these cases will give you a free consultation. Many excellent attorneys choose not to take on medical malpractice matters, so be persistent, and find someone right away.