Legal Question in Medical Malpractice in California

If I scored in the 92nd percentile on the GRE, then the police put me under a 5150 hold and I took another IQ test afterward and I scored drastically lower (not 5-10% lower, but drastically, drastically lower) and I can't hold down a job anymore, can I sue the mental hospital for medical malpractice?


Asked on 12/14/14, 6:09 am

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

No one would likely seriously consider taking your case for a couple of reasons. First, it's next to impossible to prove causation - the fact that you scored lower on an IQ exam after your 5150 may be completely unrelated to the 5150. Also, they'll just claim you fudged the second test anyway. Finally, even if you prove causation, that's not enough to prove actual malpractice, which would require, at the least, expert witness testimony that the mental hospital professionals failed to act with the skill and care of competent professionals (you know, C-Student doctors)

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Answered on 12/14/14, 3:49 pm


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