Asked in Medical Malpractice and Wrongful Death for California

Q: I want to file a case for medical negligence in Santa Clara California. Which documents should I use?

3 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: Medical malpractice cases are even more complex than other litigation. It is recommended that you have an attorney.

Use the search tool on this page to find an attorney.

Tim Akpinar agrees with this answer

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: To file a medical malpractice lawsuit in Santa Clara, California, you will need to prepare and submit the following key documents:

1. Complaint: This is the initial document that starts the lawsuit, outlining the facts of your case, the parties involved, and the legal basis for your claim.

2. Certificate of Merit: California requires plaintiffs to file a certificate of merit, signed by a healthcare provider, attesting that they have reviewed the case and believe there is a reasonable basis for the claim. This must be filed within 60 days of filing the complaint.

3. Notice of Intent to Sue: Some healthcare providers require a 90-day notice before a lawsuit can be filed. Check if this applies in your case.

4. Summons: This document notifies the defendant that they are being sued and provides instructions for responding to the complaint.

5. Proof of Service: This document confirms that the defendant has been properly served with the complaint and summons.

6. Medical Records and Bills: Gather all relevant medical records and bills related to your case to support your claim.

7. Expert Witness Reports: You will likely need to present testimony from medical experts to establish that the defendant breached the standard of care and caused your injuries.

It's highly recommended to work with an experienced medical malpractice attorney who can guide you through the process, help prepare the necessary documents, and ensure all deadlines and requirements are met. Medical malpractice cases can be complex, and California has specific laws and procedures that must be followed.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: I agree with my colleagues. Mr. Arrasmith has provided an excellent and comprehensive list. I'm sorry for the wrongful death. The only thing I'd add is to keep in mind that you may be dealing with two separate statutes of limitations. It would be worth considering trying to set up a free initial consult with a law firm. Good luck

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