how can a patient file a small claims medical malpractice claim? how can this be adjudicated in small claims? Doesn't the plaintiff need an "expert" witness to state what the breach of duty or breach of standard of care is? I am an ob/gyn who placed an IUD in a patient after proper informed consent. She returned for routine check of the IUD in 4 weeks. Everything was documented as normal. She then over about one year had several visits for "discharge" and "pain". I attempted to remove the IUD which sometimes cannot be done in the office. She needed to be scheduled for a simple out patient D&C and hysteroscopy to remove the IUD. She did not come back, we called her and she did not return the messages. She went to another doctor for the surgery which was successful. Now she wants $7500 for her surgical costs. How can this possibly be done in small claims?? I had documented standard of care consent and the procedure. Should I bring my own "expert/"
Country relating to Question: United States
State (if USA): California
how can medical malpractice be adjudicated in small claims court. The patient states I put in the IUD incorrectly. Wouldn't she need an expert to properly testify of breach of standard of care?
she has already filled the claim, but not served me properly. if i dont show, wont the judge just award her the amount? how would i get it dismissed?
she just sent a certified letter from her own address, not from the court. Does her improper service matter. Doesn't she have to serve properly?
ok, i will file the form you mentioned.
what is the likelihood of my successful counter suing for my time and or cost of further counsel?
Insurance Defense Attorney
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