Legal Question in Medical Malpractice in California
May i sue a doctor in small claims court? the refusal of the doctor to let the er doctors put my heart back into proper rythmn till she could do it later next week. they where not able to help me that night.my wife took me back to another hospital monday morning. i was admitted that morning. i had the shock treatment to put me back into proper rythmn . my ???'s are may i take the doctor to small claims court ? my wife missed 3 days work. i have insurance as you know it does not cover all costs.had i had the procedure done on friday as the doctors wanted this would not have happened. may i take the doctor to small claims couert?
2 Answers from Attorneys
You can always sue someone in small claims court, but it's difficult if not impossible to put on a medical malpractice case in the small claims court because you have to prove more than simple negligence. To win you have to prove that the physician failed to act with the skill and care of a competent physician (a Med School C Student). Ordinary persons cannot testify as to whether or not a particular medical mistake amounts to malpractice - these cases are proved on the basis of testimony from expert witnesses - other physicians who are experts who review the medical records and are able to form a professional opinion as to what happened.
No. The small claims court has no jurisdiction for anything but money damages up to their court limit. The cost of your required expert witnesses alone will nearly reach the court limit, let alone whatever malpractice damages you think you can claim. You can not simply sue a doctor for contract type matters and breach, it is a malpractice claim you are pursuing.
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