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Library of California Medical Malpractice Forms

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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: 1
  • Page Count: 352
  • ISBN: 978-1-62881-374-6
  • Pub#/SKU#: CAMMF13
  • Pub Date: 03/28/2019

Title

Copyright

About this Book

About the Editors

Dedication and Acknowledgments

Chapter 1: New Client Forms

  • 1-001 Intake Form of Potential Client

  • 1-002 Letter to Potential Client Protecting Firm from Liability

  • 1-003 Letter to Client with Authorizations and Contract

  • 1-004 Drop Letter to Potential Client Rejecting their Wrongful Death Case

  • 1-005 Investigative Memo of Potential Case/Cause of Action

  • 1-006 HIPAA Compliant Authorization to Obtain Medical Records (Format 1)

  • 1-007 HIPAA Compliant Authorization to Obtain Medical Records (Format 2)

  • 1-008 Medical Malpractice Fee Agreement Pursuant to MICRA

  • 1-009 Personal Injury Fee Agreement

  • 1-010 Shared Fee Agreement Letter to Attorney

  • 1-011 Letter to Health Care Provider Requesting Potential Client’s Medical Records

  • 1-012 Letter to Potential Expert Requesting Review of Medical Records of Current or Potential Client

  • 1-013 Damages Assessment Worksheet for Potential Client

  • 1-014 Questionnaire for New Client

Chapter 2: Initiation of Case Forms

  • 2-001 New Case Checklist

  • 2-002 New Case Checklist (Procedural)

  • 2-003 California Code of Civil Procedure § 364 Notice of Intention to Commence Action Against a Health Care Provider

  • 2-004 Government Code Claim for Personal Injuries (for Minor and/or Child)

  • 2-005 Civil Cover Sheet

  • 2-006 Summons

  • 2-007 Waiver

  • 2-008 Acknowledgement and Consent to Division of Attorney’s Fees

  • 2-009 Telephone Questionnaire to Potential Client

  • 2-010 Letter to Defendant’s Insurance Company/Claims Representative Advising of Representation

  • 2-011 Letter to HCP Requesting Potential Client’s Medical Records

  • 2-012 Letter to Expert Requesting Review of Records

Chapter 3: Complaints & Claim Forms

  • 3-001 Complaint—Negligence

  • 3-002 Complaint—General Negligence and Breach of Contract

  • 3-003 Complaint—Medical Malpractice (Adult)

  • 3-004 Complaint—Medical Malpractice (Minor)

  • 3-005 Application and Order Appointing Guardian ad Litem for Minor Plaintiff (Judicial Council Form)

  • 3-006 Complaint—Wrongful Death and Survival Action

  • 3-007 Complaint—Wrongful Death and Medical Malpractice

  • 3-008 Complaint—Strict Liability and Breach of Warranties

  • 3-009 Complaint—Wrongful Life and Medical Malpractice

  • 3-010 Complaint—Pharmacy Negligence

  • 3-011 Complaint for Personal Injuries

  • 3-012 Government Tort Claim—Injuries to Minor

  • 3-013 Government Tort Claim Letter to Government Official

  • 3-014 Section 474 Amendment to Complaint

Chapter 4: Discovery Forms-Propounded

  • 4-001 Plaintiff’s Form Interrogatories to Individual Defendant

  • 4-002 Plaintiff’s Form Interrogatories to Corporation/Entity Defendant

  • 4-003 Plaintiff’s Special Interrogatories to Individual

  • 4-004 Plaintiff’s Special Interrogatories to Corporation/Entity Defendant

  • 4-005 Plaintiff’s Requests for Production to Defendant Physician

  • 4-006 Plaintiff’s Requests for Production to Defendant Entity for Policies and Procedures

  • 4-007 Claimant’s Requests for Production of Documents (to be used in Kaiser Arbitrations)

  • 4-008 Plaintiff’s Requests for Admissions to Defendant

  • 4-009 Plaintiff’s Supplemental Special Interrogatories to Defendant

  • 4-010 Plaintiff’s Supplemental Requests for Production to Defendant

  • 4-011 Notice of Deposition of Defendant with Request for Production

  • 4-012 Notice of Deposition of Person Most Knowledgeable with Request for Production

  • 4-013 Notice of Deposition of Percipient Witness

  • 4-014 Notice and Acknowledgement of Receipt

  • 4-015 Enclosure Letter for Notice of Deposition of Percipient Witness

  • 4-016 Deposition Subpoena Duces Tecum for Non-Party Witness/Treating Physician

  • 4-017 General Negligence Cause of Action Involving a Faulty AED—Plaintiff’s Request for Production of Documents to Defendant

  • 4-018 General Negligence Cause of Action Involving a Faulty AED—Plaintiff’s Special Interrogatories to Defendant

  • 4-019 Plaintiff’s Request for Production of Documents to Defendant Pursuant to Elam v. College Park Hospital

Chapter 5: Discovery Forms-Responses

  • 5-001 Letter to Plaintiff with Discovery Requests

  • 5-002 Plaintiff’s Verification to Discovery Response

  • 5-003 Plaintiff’s (GAL) Verification to Discovery Response

  • 5-004 Letter to Plaintiff with Verification Form for Final Discovery Responses

  • 5-005 Plaintiff’s Response to Request for Statement of Damages

  • 5-006 Plaintiff’s Response to Request for Production

  • 5-007 Plaintiff’s Response to Form Interrogatories

  • 5-008 Plaintiff’s Response to Special Interrogatories—Wrongful Death

  • 5-009 Plaintiff’s Response to Request for Admission

  • 5-010 Plaintiff’s Response to Form Interrogatory 17.1

  • 5-011 Objection to Notice of Deposition and Request for Production

  • 5-012 Letter in Response to Defense Counsel’s Meet and Confer Regarding Plaintiff’s Discovery Responses Via Fax and Mail

  • 5-013 Defendant’s Motion to Compel Further Discovery Responses

  • 5-014 Plaintiff’s Opposition to Motion to Compel Further Discovery Responses

  • 5-015 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

  • 5-016 Letter to Plaintiff with Deposition Transcript and Errata Sheet

  • 5-017 List of Objections to Interrogatories, Request for Production, and Request for Admissions

  • 5-018 Request for Production Introduction Template

Chapter 6: Pleading & Motion Forms

  • 6-001 CCP § 474 Amendment to Complaint (Doe Amendment)

  • 6-002 Plaintiff’s Response to Defendant’s Demurrer

  • 6-003 Case Management Conference Statement (Judicial Council Form)

  • 6-004 California Code of Civil Procedure § 998 Offer to Compromise

  • 6-005 Enclosure Letter to Client Explaining Defendant’s Offer to Compromise

  • 6-006 Notice of Unavailability of Counsel

  • 6-007 Objection to Notice of Defendant’s Notice of Unavailability of Counsel

  • 6-008 Notice of Association of Counsel

  • 6-009 Notice of Firm Name Change

  • 6-010 Stipulation to Continue Mandatory Settlement Conference and Trial Dates

  • 6-011 Opposition to Motion for Summary Judgment Re: Ostensible Agency

  • 6-012 Plaintiff’s Memorandum of Points and Authorities in Opposition to Defendants’ Motion for Summary Judgment and in Opposition to Defendant’s Joinder to MSJ

  • 6-013 Plaintiff’s Separate Statement of Undisputed Material Facts in Support of Opposition to MSJ

  • 6-014 Plaintiffs Response to Defendants’ Separate Statement of Undisputed Material Facts

  • 6-015 Attorney’s Declaration in support of Opposition to MSJ

  • 6-016 Expert’s Declaration in Support of Plaintiffs Opposition to MSJ

  • 6-017 Memorandum of Points and Authorities in Support of Plaintiff’s Motion to Tax Costs in Defendant’s Memorandum of Costs

  • 6-018 Motion to Recover Costs of Personal Service (Where Mail Service Is Refused)

  • 6-019 Form Letter enclosed with Motion to Recover Costs

  • 6-020 Request for Dismissal (Judicial Council Form)

  • 6-021 Notice of Settlement of Entire Case (Judicial Council Form)

  • 6-022 Peremptory Challenge of Neutral Arbitrator

  • 6-023 Letter to Plaintiff Regarding Defendant’s Demand

  • 6-024 Notice of Motion and Motion for Trial Preference; Memorandum of Points and Authorities; and Declaration of Attorney and Client

Chapter 7: Expert Discovery

  • 7-001 Demand for Expert Witness Disclosure

  • 7-002 Plaintiff’s Expert Witness Disclosure and Declaration

  • 7-003 Claimant’s Expert Witness Disclosure and Declaration

  • 7-004 Expert Witness Affidavit

  • 7-005 Plaintiff’s Notice of Deposition of Expert with Request for Production

  • 7-006 Plaintiff’s Supplemental Designation of Expert Witness Pursuant to CCP § 2034.280

  • 7-007 Declaration of Expert Witness in Opposition to Defendant’s Motion for Summary Judgment

Chapter 8: ADR Forms

  • 8-001 Letter to Plaintiff Advising of Mediation

  • 8-002 Letter to Medi-Cal regarding Mediation

  • 8-003 Plaintiffs Mediation Brief

  • 8-004 Plaintiffs Supplemental Confidential Mediation Brief to Mediator Only

  • 8-005 Plaintiffs Arbitration Brief

  • 8-006 Settlement Demand Letter to Defense Counsel

  • 8-007 Plaintiffs Mandatory Settlement Conference (MSC) Statement

  • 8-008 Plaintiffs Mediation Statement (for Minor Plaintiff)

Chapter 9: Trial and Pre-Trial Forms

  • 9-001 Stipulation to Continue Trial

  • 9-002 Ex Parte Application for an Order Shortening Time to Hear Stipulated Motion to Continue Trial, or in the alternative, Motion for Order Granting Stipulated Motion to Continue Trial

  • 9-003 Notice of Motion and Motion to Continue Trial

  • 9-004 Ex Parte Application to Request Order Shortening Time for Hearing on Motion to Continue Trial

  • 9-005 Proposed Order Granting Ex Parte Application for Order Shortening Time to Hear Stipulated Motion to Continue Trial Date

  • 9-006 PROPOSED ORDER GRANTING THE STIPULATED REQUEST TO CONTINUE THE TRIAL DATE [PROPOSED]

  • 9-007 Declaration of Counsel in Support of Stipulated Motion to Continue Trial Date

  • 9-008 Letter to Plaintiff Advising of Trial and Mandatory Settlement Conference Dates and Necessity of Attendance

  • 9-009 Letter to Non-Party Witness Advising of Trial

  • 9-010 Notice to Appear at Trial

  • 9-011 Witness List

  • 9-012 Exhibit List

  • 9-013 Jury Questionnaire

  • 9-014 Voir Dire

  • 9-015 Plaintiff’s Proposed Jury Instructions

  • 9-016 Motions in Limine

  • 9-017 Plaintiff’s MIL No. 1 to Exclude any Testimony or Evidence Regarding [Specific Document]

  • 9-018 Plaintiff’s MIL No. 2 to Exclude any Testimony or Evidence Regarding Plaintiff’s Collateral Sources of Compensation

  • 9-019 Plaintiff’s MIL No. 3 to Exclude any Testimony or Evidence Regarding the Financial Status, Financial Condition or Wealth of Plaintiff and her Family

  • 9-020 Plaintiff’s MIL No. 4 to Preclude any Reference to, or Mention of, Mediation

  • 9-021 Plaintiff’s MIL No. 5 Regarding Proper Jury Selection, 24 Hour Notice of Witnesses, No Speaking Objections and No Offering Stipulations in Presence of Jury

  • 9-022 Plaintiff’s MIL No. 6 For an Order Permitting Redaction of Personal Information and Excluding Attorney-Client Privileged Documents and Related Testimony from Documents Inadvertently Produced

  • 9-023 Plaintiff’s MIL No. 7 to Exclude any Defense Expert Witness who was not Properly Disclosed or Identified

  • 9-024 Plaintiff’s MIL No. 8 to Preclude Defendants from Introducing Documents at Trial that were Not Produced in Discovery as well as Testimony Pertaining to the Content of Such Documents

  • 9-025 Plaintiff’s MIL No. 9 to Preclude Defendants’ Expert Witnesses at Trial from Introducing Document and/or Demonstrative Evidence Not Produced at their Depositions; and Giving any Testimony based upon such Materials

  • 9-026 Plaintiff’s MIL No. 10 to Preclude Defendants’ Expert Witnesses from Offering Opinions on Subjects not Expressed during Deposition

  • 9-027 Plaintiff’s MIL No. 11 to Exclude Introduction of Hearsay by Defense Experts on Direct Examination

  • 9-028 Plaintiff’s MIL No. 12 to Exclude any Inadmissible Hearsay Evidence of Defendants’ Expert Witnesses

  • 9-029 Plaintiff’s MIL No. 13 to Preclude Introduction by Defendants of New Theories of Liability, Causation or Damages

  • 9-030 Plaintiff’s MIL No. 14 to Prohibit Evidence and Reference Regarding the Prior Dismissal of this Action

  • 9-031 Plaintiff’s MIL No. 15 for an Order Providing Certain Accommodations to Plaintiff with Respect to her Testimony and Presence at Trial

  • 9-032 Plaintiff’s Opposition to Defendant’s MIL for Order Precluding that Claimed Damages Should Be Limited to Those Paid or Incurred

  • 9-033 Plaintiff’s Opposition to Defendant’s MIL to Require Expert Testimony to Establish a Causal Link between Defendant’s Conduct and Injuries and Damages Claimed by Plaintiff

  • 9-034 Plaintiff’s Opposition to Defendant’s MIL to Allow Evidence of Future Private Collateral Source Payments

  • 9-035 Plaintiff’s Opposition to Defendant’s MIL to Preclude Plaintiff from Producing any Evidence, Advancing any Damages Claim or Asserting any Contentions of Negligence not Identified in Answers to Interrogatories

  • 9-036 Plaintiff’s Opposition to Defendant’s MIL to Exclude Postoperative Photographs and Videos of Plaintiff

  • 9-037 Plaintiff’s Opposition to Defendant’s MIL to Limit the Jury’s Determination of Future Economic Damages to only the Gross Value, Not the Present Value

  • 9-038 Verdict Form

  • 9-039 Plaintiff’s Objection to Reduction of Non-Economic Damages to the Amount of $250,000

  • 9-040 Petition to Approve Disposition of Funds of Judgment

  • 9-041 Plaintiff’s Notice of Motion and Motion to Compel Defendant to Respond to Pre-Trial Requests for Production and Memorandum of Points and Authorities

  • 9-042 Plaintiff’s Ex Parte Application for an Order Compelling Defendant to Respond to Pre-Trial Requests for Production, or, in the Alternative, for an Order Shortening Time for Hearing of Plaintiff’s Motion to Compel Defendant to Respond to Pre-Trial Requests for Production

Chapter 10: Settlement Forms

  • 10-001 Settled Case Checklist

  • 10-002 Notice of Settlement of Entire Case (Judicial Council Form)

  • 10-003 Petition for Approval of Minor’s Compromise (Judicial Council Form)

  • 10-004 Order Granting Approval of Minor’s Compromise (Judicial Council Form)

  • 10-005 Ex Parte Application for Order Shortening Time to Hear Petition to Approve Minor’s Compromise

  • 10-006 Proposed Order Shortening Time to Hear Petition to Approve Minor’s Compromise

  • 10-007 Managed Care Settlement Agreement

  • 10-008 Release

  • 10-009 Letter to Lien-Holder Regarding Settlement

  • 10-010 Letter to Client Enclosed Attorney’s Accounting

  • 10-011 Attorney’s Accounting of Fees and Costs

  • 10-012 Letter to Client with Settlement Check

  • 10-013 Declaration of plaintiff’s Counsel re Accounting of Cost Reserve and [Proposed] Order

  • 10-014 [Proposed] Order re Request for Reimbursement of Litigation Costs and Payment of Fees from Cost Reserve

  • 10-015 Letter to Attorney with Share of Fee

  • 10-016 Letter to Bank Regarding Deposit into Trustee Account

  • 10-017 Authorization to Client to Settle Case

  • 10-018 Associate Attorney Authorization Pursuant to Rules of Professional Conduct 2-200

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