Do I need a certificate of merit to bring a medical malpractice claim in California?

When someone seeks medical care and ends up in worse condition than when they began, they may begin to wonder if this is an issue of medical malpractice: Is your doctor responsible? Anyone can ask that question, but in order to file suit and win damages, they must have solid evidence of medical negligence. A successful medical malpractice suit requires that the victim prove that the medical professional involved did not act with the degree of skill and care that should be reasonably expected from a physician with their training and in their position.

In addition, the victim must suffer injury and damages as a result of negligence by their medical professional. There must, however, be documented evidence that that injury and those damages were actually caused by the negligence of the physician. That can be difficult to prove, which is why medical malpractice cases in California require the testimony of an expert in the same field and with the same credentials. Although not required to file a lawsuit initially, as it is in some states, the state of California does require the testimony of a medical expert witness to prevail in a medical negligence tort case.

For most victims, it is difficult to determine if a physician acted negligently, causing their injuries. That is why it is so important for a victim to obtain the unbiased counsel of a medical malpractice attorney. Such legal professionals can bring in the appropriate experts to testify to the negligence of the defendant and help prove the victim’s claim for compensation.