Legal Question in Medical Malpractice in California
Malpractice?
What constitutes malpractice in California? Is there a reference book where I can find a synopsis of all that does?
A chiropractor nearly ruined my huband's back but he says no way. He will have to represent himself in court for no lawywer will take his case since he does not have a doctor who will say it did happen where we know it did, so we need all the help we can get.
Thanks so much.
2 Answers from Attorneys
Re: Malpractice?
first off, i offer my deepest condolences for what happened to your husband. if you can email me more specific facts pertaining to your case, as well as what type of evidence you have that shows that the chiropractor is at fault here, i may be able to offer you further legal assistance and/or your husband representation in this matter. also, let me know the extent of his monetary damages so far due to this injury.
Re: Malpractice?
There is no one book. If you believe a certain action is malpractice you can look in medical/chiropractic texts to see the standard of care.
In California malpractice is defined as professional actions below the standard of care. Unless there is an actual law/regulation (not likely from the facts you stated), then you must have an expert in the same/related field testify that what the professional did was below the standard of care. No Expert = No Case.
I hope this helps.
Joel Selik
www.SelikLaw.com