Legal Question in Medical Malpractice in California
Expert Witness Question
I have a potential malpractice case. I called an attorney and he told me to send in my medical records. He told me that they were sent out to an expert for review. I did not think that this was unusual however, since, I have read that an attorney would never send records out to an expert unless you sign a contract because of the cost of an expert. Now I am concerned because it's been over five weeks since this occured and I am concerned about the statue of limitations. I still have time, but over a month may have been wasted. Does this sound normal to you?
2 Answers from Attorneys
Re: Expert Witness Question
While it might not be how I do it, it is not unusual. I would make sure you still have time to find another attorney if that attorney does not take the case, as it may take a while to get an attorney, and, you may not be able to. The law is so scewed towards doctors/hospitals, that it is very difficult to take most cases that are malpractice. I would find out from the attorney when you will hear from him/her.
Re: Expert Witness Question
Yes. However, as a med mal attorney myself, after many years of experience, I can pretty much tell if there is a viable case a lot sooner than that. The statute of limitations can be extended 90 days by sending an appropriate notice of claim to the treating health care providers within the last 90 days of the one year period.
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