Fewer Claims May Be Filed in Jammed Court System

The withering California economy continues to impact the state’s court system, as budget cutbacks have slowed the hearing of cases to a near standstill. One judge has gone so far as to say we are on the borderline of a constitutional crisis…especially with personal injury and other civil cases taking up to 5 years to reach trial, close to the mandatory dismissal date.

Governor Jerry Brown’s proposed budget for the coming year will continue to make it challenging for the courts. He has proposed a $105 million increase, which most judicial analysts say is not nearly enough to unclog the case load. Local reserve funds used in the past are now dried up. So it appears now that fewer people are filing, discouraged by delays and longer commutes to fewer courthouses. If you still feel that you have a legitimate case, however, the best course of action is always to file. Justice is not always swift, but it can be meaningful.

Do You Have a Medical Malpractice Case?

If you feel you are entitled to monetary damages from medical malpractice, ask yourself these two questions: did the physician’s or hospital’s performance fall below the general standard of care and did injury result from the medical provider’s conduct? If you can answer “yes” in both instances, then you may have a legitimate case.

The “standard of care” relates to the medical professional’s diagnosis, care and treatment of the patient. To prove that the standard of care was subpar, it’s very important to gather all of the medical records that are relevant to the case because they will have to be evaluated by a medical expert who will then provide pertinent testimony. Remember…to successfully pursue a medical malpractice lawsuit, you must have an “expert” witness in order to prove a breach of care and to show the causal connection between the breach and the resulting injuries or damages.

If certain risks or potential complications of a medical procedure are disclosed by Informed Consent by the medical practitioner, and the patient acknowledges these risks and elects to undergo the procedure, this Informed Consent agreement is generally a defense to a malpractice action. Should there be no Informed Consent previous to the complications, however, then a malpractice lawsuit may be warranted. Every doctor or medical practitioner is duty-bound to provide full disclosure to patients and obtain Informed Consent prior to performing any surgery or invasive testing. Whenever there is any confusion about what constitutes possible malpractice, it’s prudent to arrange a “no obligation” consultation with a qualified attorney specializing in this field, such as George L. Mallory, Jr. & Associates.


We hope this information is helpful to you. Next time, we will discuss what, if any, costs may be involved with filing a malpractice lawsuit.