Legal Question in Medical Malpractice in California

Re: Representation out of State

The answer is yes, provided the following conditions are true:

(1) The out of state attorney is also licensed/admitted in California; or

(2) If not licensed in Califonia, gets a special permission called Pro Hac Vice from California court; or

(3) If the matter can be in federal court under diversity of jurisdiction, which is not likely in this case.

If you would like to send me your father's medical records I will review and advise you and your sister free of charge as to the merits of the case. Occasionally, the matter (medicine) involved is complex and must be reviewed by an appropriate specialist. If that is the case, then you and/or your sister must be ready to incur the expert's cost.

Good luck.

Re: Representation out of State

No. The attorney must practice in CA to appear in court here.

In order to pursue a medical malpractice claim, you must have a doctor willing to testify as an expert in support of your claim. Without that, no case. Talk to her treating physicians to see what they will say or refer you to. If the doctors will support you, then contact me if interested in pursuing this.

Re: Representation out of State

Yes. You can if the attorney outside the State gets admitted to practice pro hac vice and associates in co-counsel admitted in California. But, I see no advantage of doing that. YOu are best off hiring an attorney here.

Med mal in CA is done only on a contingency basis, meaning any legal fee is paid only from recover and the amount of the fees is regulated by statute. Contact an attorney to have the attorney get the records and review the case. Without the support of competent medical experts, any case is dead in the water.