Unlike the specific requirement in some states that the filing of a complaint for damages based upon professional medical negligence be accompanied by an affidavit or certificate of merit, such is not the case in California. Irrespective of the lack of a specific requirement, expert medical evaluation and testimony is almost always required in California to establish the requisite standard of care for the particular physician/defendant, and to determine whether the physician, healthcare provider, hospital, or other medical provider failed to perform services in conformity with the standard of care. The medical expert generally chosen to evaluate or testify in the medical negligence action must be familiar with, practice in, or be experienced in some manner in the particular specialty of the alleged negligent health care provider.
The earlier a case can be presented for attorney and expert evaluation, the better the potential for a proper decision on proceeding forward with the case, and greater success in recovery of damages for our clients. Early and competent evaluation and analysis of medical negligence cases are an important part of the process followed by the attorneys at Heiting & Irwin.
Heiting & Irwin, APLC has been representing individuals and families with medical malpractice claims for many years. Free consultations on all types of medical malpractice and personal injury claims are available at the Law Offices of Heiting & Irwin.
Published By: Attorney Dennis Stout