Legal Question in Medical Malpractice in California

In California, how much time do I have to responde to a malpractice summons


Asked on 11/22/10, 1:40 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

I would hope that you have errors and omissions insurance. Tender the lawsuit to your insurance carrier. If you don't have insurance, you have 30 days from the date it was served. If you need more time, you might have someone call the plaintiff's lawyer on your behalf to explain that you're looking for a lawyer to retain and need more time to make that happen. Then, follow up with a short letter confirming the extension of time. You should not discuss the merits of the case with the plaintiff's attorney.

Read more
Answered on 11/27/10, 5:21 pm
Terry A. Nelson Nelson & Lawless

If you have been sued in Superior Court, you have 30 days from service to have your 'pleadings' filed. If you are intending to do this pro per, you are setting yourself up for a disaster in the form of judgment against you. You don't even know enough about the law and litigation practice that you have to ask this question. How do you plan to defend against an aggressive attorney hammering you? If you didn't have E&O insurance, then immediately hire an experienced attorney. If this action is in Southern California [where you posted to], feel free to contact me if serious about doing so.

Read more
Answered on 11/29/10, 11:32 am


Related Questions & Answers

More Medical Malpractice Law questions and answers in California