Legal Question in Medical Malpractice in California
Due to the Cap on Medical Malpractice in California & the expensive in such cases,
I'm finding it difficult to find an Atty. The Statutue of 1 yr. ends this month, last Atty I spoke with said I could file a summons of complaint on my own & it would give me more time to find an Atty. My questions? should I file a Summons of Complaint or do a Notice of intent to sue to ensure me more time? Is there any penalty or issue with me doing so if I wind up not finding an Atty, can I just dismiss it without any costs to me? Or can I represent myself in court for a Med. Malpractice case in the State of California? Lastly, are there any Atty's or organizations that could assist me in the above for little or no costs?
1 Answer from Attorneys
A notice of intent to sue is a prerequisite to filing a lawsuit. The statute of limitation will be tolled (i.e. stopped) during the waiting period.
An attorney would require an expert's thorough review of all of your medical records before deciding to take a case. Often, an attorney will ask the potential client to pay the expert's fee.
Be careful about filing a case and dismissing it. The defendant might be considered a prevailing party and obtain a judgment for costs, and then might turn around and sue you for malicious prosecution.
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