Not likely but you should also prevail in small claims court.
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To succeed, the plaintiff has to prove duty, carelessness (doctor failed to use at least ordinary professional skills in carrying out the task), causation and damages. The carelessness element is tough to prove. The plaintiff must present expert opinion testimony that more or less says your conduct fell below the standard of care. The plaintiff can do this via letter or by having an expert witness testify in court. You need to be prepared to rebut this evidence yourself or have your own letter/expert testify that what you did was proper. You do not have a valid cross-claim against the plaintiff under the facts presented. The damage award in small claims court is $10,000 or less, which under the reporting requirement. Talk to your insurance or an attorney for futher assistance.
This information is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such information is intended for general informational purposes only.
You CAN sue for lost time, effort, energy etc. in Small Claims, but I expect you to have a chance of winning at approximately 0.0000001%.
Your insurance company should defend you or prepare you for a defense. If they do not, contact an attorney that knows Small Claims. Try: www.smallclaimsappeals.com
Adam Jaffe Law Office of Adam Jay Jaffe 124 Lomas Santa Fe Dr, #204 Solana Beach, CA 92075 (619) 810-7964 www.smallclaimsappeals.com Adam@AdamJayJaffe.com This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.