Legal Question in Medical Malpractice in California

Medical malpractice i need info on suing a doctor in federal court please dont be lawyer only someone that has sued or that knows from taking classes or that knows from research email [email protected] in california


Asked on 8/20/10, 3:36 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

"Info on suing"?

To file, you'll prepare the Summons & Complaint, and all related and court required documents, pay your filing fee, arrange to serve the defendant, then and begin handling all the pleadings, motions, discovery, and pretrial procedural matters leading up to trial.

If you are claiming malpractice, your claim must be supported by the opinion of a doctor who is an 'expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning your treatment fell below the acceptable standard of care and caused the damage or death. Neither your opinion about malpractice, nor mine, is relevant or 'proof' of malpractice. You are not supposed to file suit without having that expert opinion available. Consult with your other treating doctor[s] to see if they are willing to provide that opinion and testimony, or you can contact independent paid experts for that purpose. Then, if you are able to obtain such an expert's opinion, and if you determine that you have a case with MERIT [provable malpractice and a likelihood of winning], and VALUE [substantial provable damages] and COLLECTABILITY [defendant with substantial assets or insurance], then you would have proper grounds to bring your legal claims in a lawsuit. Keep in mind that you have only one year maximum from 'notice' or learning of the malpractice to bring suit. In CA that can be extended for up to 90 days by timely sending them a 'notice of intent to sue' before the year runs out.

If you actually have a case with MERIT, VALUE, COLLECTABILITY , you shouldn't have trouble obtaining an attorney to handle it, generally on a form of contingency. If so, call me. If it doesn't have all three, you will have no luck finding counsel, because it shouldn't be filed.

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Answered on 8/25/10, 4:57 pm


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