Legal Question in Medical Malpractice in California

What legal burden does the person wanting to sue have?

My brother was treated by a doctor in Placerville, CA for depression. The doctor ignored his symptoms of pain killer withdrawls and severe depression. The doctor gave him anit-anxiety pills when in actuality that made the depression worse. My brother ended up killing himself. What would I need to do in order to get a malpractice suit against this doctor? If there is really a case. I am doing a research paper for one of my law classes and I would like to get some information on what the burdens are for me. Please respond soon. Thanks MB


Asked on 12/03/01, 11:29 am

2 Answers from Attorneys
Joel Selik www.SelikLaw.com

Re: What legal burden does the person wanting to sue have?

must show by a perponderance of the evidence the doctor breached the standard of care. Get a good medical malpractice attorney.

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Answered on 12/03/01, 2:07 pm
Michael End End, Hierseman & Crain, LLC

Re: What legal burden does the person wanting to sue have?

I am a lawyer in Wisconsin and do not practice in California. The case would have to be filed in California, since you could not obtain jurisdiction over a California doctor in another state. I know that California has rather onerous caps on damages in medical malpractice cases. I think that you should find a competent medical malpractice lawyer in the community where the treatment was rendered to determine the statute of limitations and what must be proved in order to win a case. The Association of Trial Lawyers of America has a web site with the names, addresses, and phone numbers of lawyers in that organization who handle medical malpractice cases in and around Placerville, CA.

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Answered on 12/03/01, 2:20 pm


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