Legal Question in Medical Malpractice in California

If CLAIMANT (a former patient) is negotiating a settlement against a small medical clinic (for Medical Malpractice-Physical Abuse, Civil Battery, Negligence,) during (midway through) the 90 day N.O.I. Letter served period , and there's a decent offer from their defense counsel, and then CLAIMANT calls the police and has the nurses arrested for battery of the CLAIMANT (back when CLAIMANT used to be their patient), will that hurt CLAIMANT'S chances of getting defendant's proposed offer (because now, assuming,, defendant will now be angry and/or embarrassed that their medical employees are now arrested and facing criminal court hearings? .... or will it strengthen CLAIMANTS's chances of getting a higher settlement offer because there is now more evidence from the police, over the same initial allegations that CLAIMANT stated in the NOI To Sue Letter?


Asked on 6/11/15, 2:32 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

It sounds like you are contemplating calling the cops on the defendant in your proposed medical malpractice action. It's a pretty dumb idea that will make it more unlikely they will be willing to settle. Call the police and they'll circle the wagons. It also implies an abuse of legal process on your part, for which they could turn around and sue you, even if your malpractice claim is a good one.

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Answered on 6/11/15, 2:45 pm


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