How Do Class Action Lawsuits Work?

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Deciding whether to take legal action after being harmed by a trusted medical professional can feel overwhelming, especially when you start hearing terms like “class action” or “individual lawsuit.” You may be asking yourself a painful, but common question: 

Which path will actually protect me and my healing?

When the person who harmed you is the same doctor who treated many others, it’s natural to wonder whether joining a group case is easier or whether standing on your own offers better justice. The truth is that these two legal paths work quite differently, and understanding the difference can dramatically impact the outcome of your case.

This guide breaks down what victims need to know so you can make an informed, empowered decision about how to move forward (and which option best honors what you had to go through).

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What Does “Class Action” Mean?

At some point, you’ve probably read about one or seen it on TV. Simply put, a class action is a legal case where one or a few people file a lawsuit on behalf of a much larger group with similar claims. This is done when a group that wants to sue is too big to file individually.

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Typically, when their experiences share enough common facts or legal issues, everything can be handled together.

Under California’s Code of Civil Procedure section 382, a class action may be allowed when:

• The number of victims makes individual lawsuits impractical.
• The claims involve shared facts, patterns, or legal questions.
• A small group of “representative plaintiffs” can fairly speak for everyone.
• A judge determines that resolving the case as a group is more efficient than handling many separate claims.

Class actions are frequently used in cases involving defective products, unfair billing practices, or financial scams, where nearly every person was harmed in the same or a very similar way. Plaintiffs can streamline the process and resolve widespread issues through a single coordinated lawsuit.

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However, class actions are often not the best option for survivors of sexual misconduct, medical abuse, or other intimate violations of trust. These cases involve deeply personal experiences, and no two victims are harmed in exactly the same way. A group case may not fully reflect those differences or the severity of individual trauma.

Numerosity

One requirement courts look at in a class action is something called numerosity. This simply means the group has to be large enough that filing separate cases for each person would be unrealistic. 

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No set number automatically qualifies your case for a class action suit, but California courts often approve classes with around 30 to 40 people. Another requirement, typicality, asks whether the experiences of the people leading the case are similar enough to the rest of the group that they can fairly represent everyone.

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When Class Actions Are Appropriate

Class actions work best when everyone in the group was harmed in almost the exact same way. This is common in consumer cases, for example, when a razor blade breaks in the same spot for everyone who buys it, or when a washing machine fails for thousands of people.

Situations like these are simple. The facts match, the legal arguments match, and the damages are nearly identical. A class action is an efficient way to resolve those claims, and the law supports their joint handling.

In such cases, people can often receive compensation from a broad settlement fund without having to prove the details of their individual losses. The process is streamlined, predictable, and cost-effective for both sides.

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Why Class Actions Often Fail to Serve Victims of Unique Harm 

When it comes to cases involving Dr. Barry J. Brock and his former patients at Cedars-Sinai, a class action lawsuit may not be the answer. Situations involving medical misconduct, sexual abuse, or violations during exams mean every survivor’s story is deeply personal. 

Some patients report multiple incidents. Some experienced one. Some suffered severe emotional harm, while others may have had a different type of trauma altogether. Your history, your reaction, and the impact on your life are yours alone.

Because of this, the class action requirements of typicality and commonality become difficult to meet. Courts need the experiences to be similar enough to group them together. When harm is individualized, that becomes nearly impossible. It can also demean the reality of what survivors actually went through.

Class actions in these situations can also lead to unfair results. People who were not harmed as severely may receive the same payout as those whose trauma was profound. In past gynecology abuse cases, this exact problem occurred. 

According to the LA Times, in both the USC case involving Dr. Tyndall and the UCLA case involving Dr. James Heaps, the average payout for class action members was in the tens of thousands of dollars. Whereas, survivors who hired private attorneys and filed individually received settlements averaging around $1.2 million per person.

This gap shows how class actions can seriously undervalue your deeply personal injuries. Meanwhile, hospitals and institutions benefit because class actions cap their financial exposure and avoid the scrutiny that comes with individual trials.

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Why Victims Should Consider Individual or Mass Tort Representation

This just means you should consider whether it would benefit you more to be treated as an individual rather than a class. When claims involve unique injuries, trauma, or harm, individual lawsuits or mass torts may give you better compensation. 

In a mass tort, a large number of plaintiffs still join together, but each claim remains individualized. The facts, evidence, and damages are considered on a person-by-person basis. 

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What’s Next?

McGrath Kavinoky LLP believes that anyone affected by the Cedars-Sinai and Dr. Brock allegations deserves clear guidance before choosing a legal path. Speaking with a female attorney can help you understand whether your experience fits within a class action or whether an individual or mass tort lawsuit would better protect your rights.

No survivors share the exact same story, and neither should you. What happened to you deserves to be heard just as much as everyone else.

If you believe you were harmed by Dr. Barry J. Brock, you do not have to navigate these decisions alone. Contact McGrath Kavinoky LLP for a confidential consultation to understand your options and determine the path that best supports your healing and legal rights.

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