Legal Question in Medical Malpractice in California

Can an Ex-wife Sue Her Physician Husband for Medical Malpractice?

Does California law allow a woman to sue her ex-husband for medical malpractice? He was the only doctor she saw or received prescriptions from over a six year period. He did everything possible to discourage her from seeking help because he wanted her to die or kill herself.


Asked on 1/13/00, 5:42 am

1 Answer from Attorneys
Joseph Marman Law Office of Joseph H. Marman

Re: Can an Ex-wife Sue Her Physician Husband for Medical Malpractice?

There is no longer any inter-spousal immunity from lawsuits in California. You would still have to prove your negligence or malpractice, however there would undoubtably be additional twists due to your relationship with your husband, the doctor.

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Answered on 1/19/00, 1:12 pm


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