Legal Question in Medical Malpractice in California

medical malpractice complaint

Just a quick question: what form would a plaintiff file on behalf of a decedent vis a vis a complaint for med mal, wrongful death, and survival statute recovery? The jurisdictional issue are clear and it is the decedent's daughter who would like to bring the action. The question is really: should the Complaint be verified, or is there a Judicial Council Form for med mal/wrongful death? I saw one for wrongful death only (PLD-P1-001). Would I add a general negligence cause of action for med mal? Or should I avoid judical forms altogether? Please help. I just need to know what type of Complaint should be filed in this situation since I am closing in on the 90 day filing period. (I have complied with CCP 364 Notice of Intent to Sue.) Thanks!


Asked on 7/11/07, 6:10 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: medical malpractice complaint

You can't do it yourself. It's too hard. There's so much more you have to know than just filing a complaint. You need an attorney on your side. The fact that you have even asked the question says so. If you're in the Southern California area, and YOU are the decedent's daughter (or the parent or legal guardian of a minor who is the decedent's daughter), I'd be glad to talk to you free of charge.

You will only get one chance at a lawsuit, and if you mess up, you'll be out of luck. We often hear from people who tried going it alone, their case got dismissed, and they got 0. Please don't do this.

Read more
Answered on 7/11/07, 6:30 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in California