California Complaint for Malpractice

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Multi-State
Control #:
US-03342BG
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Word; 
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Description

All professionals are subject to standards of conduct established by codes of professional ethics, by state statutes, and by judicial decisions. In their performance of contracts, professionals must exercise the established standard of care, knowledge, and judgment generally accepted by mem¬bers of their professional group.


Medical Malpractice can occur in any area of medicine in which a patient is injured as a result of poor medical treatment. The term "medical malpractice" refers to a health care provider's failure, either due to negligence or error, to treat a patient in accordance with the required standard of care, thus causing a patient to suffer harm.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

For products produced in California, contact the California Department of Public Health Services Food and Drug Branch? (FDB) Consumer Complaint Hotline at 1-800-495-3232.

There are three ways that you can file a complaint: Call to have a Complaint Form mailed to you either through the toll-free line (1-800-633-2322) or by calling (916) 263-2424, OR. Use the On-line Complaint Form, OR. Download and Print a Complaint Form.

There are three ways to file your complaint: (1) Call it in at 800-722-0432; (2) File your complaint on-line; or (3) Mail a copy of your complaint to the California Department of Justice, Office of the Attorney General, Division of Medi-Cal Fraud and Elder Abuse, P.O. Box 944255, Sacramento, CA, 94244-2550.

The California Department of Managed Health Care protects consumers' health care rights and ensures a stable health care delivery system.

Online. Filing a complaint through the California Health Facilities Information Database (Cal Health Find) is the most direct way. You file the complaint and it is routed directly to the district office that has oversight authority for the facility in question.

Physician conduct/unprofessional conduct complaints are complaints that allege concerns about breach of confidence, record alteration, filing fraudulent insurance claims, misleading advertising, failure to sign death certificates in a timely manner, failure to provide medical records to a patient, patient abandonment, ...

The types of complaints the Board handles include: Substandard care (misdiagnosis, negligent treatment, delay in treatment, etc.) Prescribing issues (violation of drug laws, excessive/under prescribing) Sexual misconduct, impairment (drug, alcohol, mental, physical)

California law requires the plaintiff to serve a ?notice of intent to sue? on the medical provider before filing a medical malpractice lawsuit. This notice must include a statement of facts, the legal basis for the claim, and an affidavit from a qualified medical expert supporting the claim.

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California Complaint for Malpractice