Is there a constitutional guarantee that the most highly qualified attorneys will be plaintiff lawyers in medical malpractice cases?

California, United States of America


The following excerpt is from Roa v. Lodi Medical Group, Inc., 129 Cal.App.3d 318, 181 Cal.Rptr. 44 (Cal. App. 1982):

There exists no constitutional guarantee that the most highly qualified attorneys will be plaintiff lawyers in medical malpractice cases. Even in a criminal context, an indigent defendant is not entitled to demand court-appointed counsel of his or her own choosing and absent a conflict of interest. Generally, the appointment of an attorney other than the public defender is not required. (People v. Bonville (1968) 267 Cal.App.2d 4, 7, 72 Cal.Rptr. 592.) In light of this rule, a party to a civil case is hard pressed to argue that due process is denied because of the inability to obtain the most qualified counsel.

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