Initiating a Claim

If you suspect that you or a loved one has been injured by the medical malpractice of a healthcare provider, it is important to obtain the medical records as soon as possible. The sooner the medical records are obtained, the less likely the medical records could be lost or altered.

You may obtain the medical records directly or seek the assistance of our office. California law is quite clear on whether you are entitled to a copy of your records, how much a medical provider may charge for a copy of your records and how long the medical provider has to provide you with a copy. California Evidence Code §1158 requires that the medical provider deliver a copy of your records within five (5) days after presentation of the written authorization and at a cost of no more than $15.00 dollars and $0.10 per page.

After all necessary medical records have been obtained, they will need to be reviewed by a qualified physician to insure that you have a legitimate case.

Then, either a lawsuit may be initiated or an arbitration proceeding, if the case involves Kaiser or you have previously agreed in writing to arbitrate any medical malpractice case.

After the lawsuit or arbitration has been commenced, all sides have right to conduct discovery. This includes written discovery such as questions [interrogatories] or demands that documents be exchanged. In addition, all sides may be asked to appear to answer questions in person, commonly referred to as depositions. Generally, in a medical malpractice case the depositions of the medical providers are more important than the depositions of the plaintiffs. The reason is that the medical providers will be asked to explain what they did and why they did only what they did.

At the Law Offices of Neil M. Howard, we are always available to explain to you the process and help you through each step of the way. If you want, we can meet with you and family members as much as is necessary to assist you in answering discovery and to ease your comfort knowing you are not alone.