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Library of California Medical Malpractice Forms

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Jeff Mitchell, Rebecca L. Byrne, Mika Brown


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NEW 2014 Edition 

Available March 2014

Library of California Medical Malpractice Law Forms addresses issues as they commonly arise through the litigation process—from considering the elements of a malpractice cause of action, through investigating and preparing a case, to managing trial issues.

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  • Availability: Available
  • Brand: The Recorder (CA)
  • Product Type: Books
  • Edition: 2014
  • ISBN: 978-1-57625-595-7
  • Pub#/SKU#: CAMMF13
  • Pub Date: 10/15/2013

Author Image
  • Jeff Mitchell
In his very busy career, Mitchell has already attained two record setting verdicts, secured innumerable six, seven and eight figure settlements and helped shaped the future of the law as it pertains to medical malpractice in California. He is a frequently sought-after speaker on issues pertaining to jury selection, cross examination, argument, expert witness utilization and psychology of trial practice in California and throughout the country. He is annually listed as a Northern California Super Lawyer, one of San Francisco's Top Attorneys, one of California's Top 100 trial lawyers and is rated annually by his peers as one of the Best Lawyers in America. Jeff was also honored as San Francisco's Trial Lawyer of the Year which is annually given by the San Francisco Trial Lawyer's Association. 


Author Image
  • Rebecca L. Byrne
Byrne has specialized in medical malpractice cases since 1991. However, unlike most attorneys specializing in this area of law, she has represented plaintiffs and defended defendants in such cases. Her experience working in firms which represent patients and/or patients' families has been enriched and enhanced by her experience working in firms which defend medical care providers in medical negligence cases. 


Author Image
  • Mika Brown
Brown is responsible for various case management tasks. She assists attorneys Jeffrey Mitchell and Rebecca Byrne by preparing legal documents, drafting legal discovery, scheduling depositions and communicating with clients and defense counsel. Mika also partakes in drafting mediation briefs and motions. She is grateful to work in a small boutique law firm, which has allowed her to undertake a great role in the firm’s activities. 
Mika is a San Francisco native who received her Bachelor of Arts Degree in Legal Studies from the University of California, Santa Cruz. She spent her senior year in college studying abroad in Tokyo focusing on international relations and global government and she is also fluent in Japanese. In her free time, Mika enjoys being outdoors, camping, swimming, traveling and exploring San Francisco. Mika is currently a law student at Santa Clara University School of Law. 
Upon graduation from law school, Mika plans to continue working in the legal field of civil litigation, possibility focusing in the specialized, but complex area of medical malpractice law.


Chapter I:  New Client Forms

Interview Form for potential client – based on phone call or email request from potential client

Letter of rejection of potential case due to MICRA limitations

Letter to referring lawyer of rejection due to MICRA limitations

Letter to potential client regarding required medical records and information to investigate possible case with authorization for Release of Medical Records pursuant to HIPAA

Letter to health care provider requesting potential client’s medical records

Letter to potential expert requesting review of medical records

Letter to potential client of rejection due to lack of liability and/or causation

Letter to potential client confirming agreement to undertake representation

Letter and Authorization for release of Medical Records pursuant to HIPAA

Letter and Authorization for release of educational records

Letter and Authorization for release of employment records

Letter and Authorization for release of mental health counseling records

Letter and Authorization for release of health insurance records

Letter and Authorization for release of life insurance records

Letter and Authorization for release of Kaiser Member’s medical records.

MICRA contingency fee agreement

MICRA contingency fee agreement blended with Non-MICRA causes of action

Letter to referring lawyer/client regarding fee sharing pursuant to Rules of Professional conduct

Chapter II:  Initiation of Case Forms

Letter to defendant’s insurance company advising of representation

California Code of Civil Procedure §364 Notice of Intention to Commence Action against a Health Care Provider

Government Code Claim—adult

Government Code Claim—minor

Civil Cover Sheet

Summons 

Complaint  - Medical Negligence only - adult

Complaint  - Medical Negligence only – minor

Petition and Order Appointing Guardian ad Litem for minor plaintiff 

Complaint – Medical Negligence & Wrongful Death

Complaint - Medical Negligence & Wrongful Life

Complaint – Elder Abuse only

Complaint - Elder Abuse & Medical Negligence

Complaint – Medical Negligence & Loss of Consortium 

Complaint – Medical Negligence & Negligent Infliction of Emotional Distress (direct victim)

Complaint – Medical Negligence & Negligent Infliction of Emotional Distress (bystander)

Complaint – Medical Negligence & Violation of Consumer Legal Remedies Act

Complaint – Medical Negligence & Medical Battery/Lack of Informed Consent

Complaint - Medical Negligence with statute of limitations based on unknown retained foreign object 

Complaint - Medical Negligence with statute of limitations based on delayed discovery

Complaint - Medical Negligence with statute based on defendant’s continuous medical treatment

Complaint - Dental Negligence

Complaint - Podiatric Negligence

Complaint – Chiropractic Negligence

Chapter III:  Discovery Forms-Propounded

Form Interrogatories

Special Interrogatories

Requests for Production to defendant physician

Requests for Production to defendant entity for policies and procedures

Requests for Admission with Form Interrogatory 17.1

Supplemental Special Interrogatories

 Supplemental Requests for Production 

Notice of Deposition of Defendant with Request for Production

Notice of Video Deposition of Defendant with Request for Production

Notice of Deposition of Person Most Knowledgeable with Request for Production

Deposition Subpoena Duces Tecum for Non-Party Witness

Letter to Non-Party Witness regarding Deposition Subpoena Duces Tecum

Letter to Non-Party Witness asking to contact plaintiff’s counsel

Letter to plaintiff’s treating medical care providers asking to contact plaintiff’s counsel

Chapter IV:  Discovery Forms-Responses

Letter to plaintiff with Discovery Requests 

Letter to plaintiff with Draft Discovery Requests 

Letter to plaintiff with Verification Form for Final Discovery responses

Response to Request for Statement of Damages

Response to Request For Production

Response to Form Interrogatories

Responses to Special Interrogatories

Responses to Requests for Admission

Responses to Form Interrogatories 17.1

Responses to Supplemental Interrogatories

Responses to Supplemental Requests for Production

Objection to Notice of Deposition and Request for Production

Letter to defense counsel to meet and confer regarding defendant’s discovery responses

Letter in response to defense counsel’s meet and confer regarding plaintiff’s discovery responses

Motion to Compel Further Discovery Responses

Opposition to Motion to Compel Further Discovery Responses

Motion to Quash Subpoena for Consumer Records – employment

Motion to Quash Subpoena for Consumer Records – medical

Letter to plaintiff with Notice of plaintiff’s Deposition including explanation of nature of deposition in a medical negligence case and confirming date of meeting to prepare for deposition

Letter to plaintiff with Deposition transcript and errata sheet

Letter to plaintiff with Notice of IME by defense expert with explanation of IME process and expectations

Chapter V:  Pleading & Motion Forms

Doe Amendment

Application and Order for Amendment to Complaint

Notice and Motion for Leave to Amend Complaint

Opposition to Demurrer based on defects on face of pleading or judicially noticeable

Opposition to Demurrer based on failure to state a cause of action

Opposition to Motion to Strike Complaint or portions thereof

Case Management Conference Statement

California Code of Civil Procedure § 998 Offer to Compromise

Letter to plaintiff with defendant’s California Code of Civil Procedure §998 Offer to Compromise

Notice of Acceptance of California Code of Civil Procedure §998 Offer to Compromise

Objection to Notice of IME

Objection to Notice of Psychiatric IME

Notice of Unavailability of Counsel

Stipulation to Continue Hearing Date

Opposition to Motion for Summary Judgment

Opposition to Motion for Summary Adjudication 

Separate Statement of Undisputed Material Facts in support of Opposition to MSJ or MSA

Attorney’s Declaration in support of Opposition to MSJ or MSA

Expert’s Declaration in support of Opposition to MSJ or MSA

Memorandum of Costs

Motion for New Trial

Motion to Tax or Strike Costs

Request for Dismissal

Chapter VI:  Expert Discovery

Request for Expert Witness Disclosure

Expert Witness Disclosure

Expert Witness Disclosure Declaration

Expert Witness Supplemental Disclosure and Declaration

Notice of Deposition of Expert with Request for Production

Notice of Video Deposition of Expert (for use as trial testimony)

Chapter VII:  ADR Forms

Letter to plaintiff advising of mediation and nature of process

Mediation Brief

Arbitration Brief

Settlement Demand to defense counsel

Chapter VIII:  Trial Forms

Stipulation to Continue Trial

Ex Parte Application and Stipulation in support of Motion to Continue Trial

Motion to Continue Trial

Ex Parte Application to Request Order Shortening Time for Hearing on Motion to Continue Trial

Order Granting Ex Parte Application to Request Order Shortening Time for Hearing on Motion to Continue Trial

Letter to plaintiff advising of trial and mandatory settlement conference dates and necessity of attendance.

Letter to non-party witness advising of trial

Notice to Appear at Trial

Witness List

Exhibit List

Jury Questionnaire

Voir Dire

Jury Instructions

Motions in Limine

Oppositions to Motions in Limine

Verdict Form – General

Verdict Form – Special

Judgment

Chapter IX:  Settlement Forms

Notice of Settlement

General Release with confidentiality clause

General Release including release of potential wrongful death claim

Petition for Approval of Minor’s Compromise

Order Granting Approval of Minor’s Compromise

Letter to plaintiff with Draft Petition of Approval of Minor’s Compromise

Letter to plaintiff advising of Minor’s Compromise Hearing