California | Medical Malpractice
Legal Question
I'm the plaintiff in a malpractice case in California. The case is somewhat unique in the sense that the defendant had admitted in writing that he was negligent (before the complaint was filed). The defendant also did not deny a single claim in my complaint in his answer. His answer only contains affirmative defenses (procedural claims, claims to limit the amount of damages and claims of contributory negligence). He cannot deny any of my claims in the complaint due to the documented evidence and his own admission of negligence in writing. It should be obvious for any reasonable person that the defendant was negligent and did not follow the standard of care.
Given these facts, my understanding is that no expert witness is required because the fact that the defendant was negligent is not in dispute. Am I correct in making this assumption? A trial date is currently set. If I'm correct in assuming that no expert witnesses are required, should I have to file something with the court to get the court's approval for not hiring an expert? Or should I play it safe and hire an expert?
Thank you very much in advance for your response.
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Legal Answer
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Read More Answered By: Robert F. Cohen |
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