Martindale-Hubbell
Best Law Firms
American Board of Trial Advocates
2010 Street Fighter of The Year Award Finalists
Irish Legal 100
The Best Lawyers in America
AVVO
Santa Clara County Bar
BBB
Super Lawyers
The National Trial Lawyers
California Lawyer
Top One
Santa Clara County Trial Lawyers Association

Handling a Medical Malpractice Complaint in California: The Role of the MBC and a Qualified Attorney

Medical MalpracticeThe Medical Board of California or the MBC, is a state governmental agency that provides oversight of medical licensing and discipline practices of those practicing in California’s medical facilities. The role of the MBC is two-fold. The Board provides public-record information about licensed health care professionals as well as serving on the forefront when it comes to investigating complaints against those in the medical industry.

Often, allegations of professional violations will be first filed with the MBC possibly covering the following medical malpractice situations:

  • Substandard care;
  • Prescription errors;
  • Sexual misconduct;
  • Practicing under the influence;
  • Unlicensed practitioners; and
  • Unprofessional conduct.

Once the complaint has been filed and a MCB medical consultant determines that an allegation does not not fall below acceptable standards, there may be another alternative and time to seek the services of a qualified California medical malpractice attorney.

If your allegation with the MCB was determined unfavorable, the next step should be consulting with a medical malpractice attorney and it is important to be prepared. When meeting with a prospective attorney, he or she should be able to provide you with answers regarding:

Experience and Qualifications

Be forthright and ask about the attorney’s experience, qualifications and success in handling medical malpractice claims. While there is no guarantee, ask the attorney about representation of similar cases to yours and the resolution rate of cases in your jurisdiction. By the end of the consultation you should feel comfortable with the attorney’s experience level and overall knowledge.

Expenses and Reimbursement Policy

Money is sometimes difficult for people to discuss but not asking about a prospective attorney’s expenses and possible reimbursement rates in a medical malpractice suit is a mistake. Be sure that you understand what expenses you will be responsible for and in the event the lawsuit is lost, what your liability may be.

It is also important to discuss whether the practice has the financial resources to handle your case as well as additional cost of an appeal if necessary.

Actuality of Involvement

Inquire about the extent of involvement the attorney will have in your case. Ask if he or she will personally be handling all aspects of your lawsuit. Sometimes firms will “outsource” your case to outside medical malpractice attorneys from the very beginning or when it appears your case will be headed for trial.

Assess the Firm's Caseload

Medical malpractice or medical negligence is a serious civil accusation. By failing to exercise care resulting in harm, you as the plaintiff are generally left seeking monetary compensation for mental or physical injuries. If this is the case, ensure that the prospective attorney has the time to devote to you and your case.

Do Your Research

When seeking a prospective medical malpractice attorney, do your homework. Review the firm’s website and review education, experience, reputation and knowledge. You can also conduct a Google search and read reviews of past performances. It is also recommended to inquire whether the attorney is in good standing with California’s MBC and the number, if any, of complaints received.

If you reside in the greater San Jose area and have medical malpractice questions left unanswered, the skilled San Jose medical malpractice attorneys of Corsiglia, McMahon & Allard, LLP have the answers. Our legal team has an in-depth understanding of the various medical defenses often presenting during malpractice suits and we will work diligently to counter these defenses to secure the maximum compensation. Contact us today at (408) 289-1417.

Source
Client Reviews
★★★★★
My experience with Attorney Brad Corsiglia during my recent medical malpractice case was nothing short of amazing given the very stressful circumstances. I was fortunate to find Brad highly recommended from a mutual contact and from the very beginning of the process, Brad was truly engaged and knowledgeable in understanding my case and providing input on what avenues were available to me. Michelle M.