San Francisco Medical Malpractice AttorneyS

Our Proven Success in Medical Malpractice Cases

Medical malpractice cases are complex; they require the skilled touch of an attorney who has the experience you need. At our firm, we do more than just talk the talk; we are proven courtroom warriors who advocate successfully on behalf of our clients. From birth injuries to the misdiagnosis of cancer, you can count on us to represent your best interests.

Just a few examples of our success throughout the years:

• $17 Million – A record settlement over failure to treat a pregnant mother’s routine infection, which became septic and resulted in severe brain injury to her baby. This is believed to be the largest medical malpractice recovery, verdict or settlement, in California history (2019).
• $14 Million – Surgical error at a California University hospital involving a 3-day-old baby who suffered brain injuries when an insufflation needle was placed in the umbilical vein, sending gas to the heart and brain. This was the largest medical malpractice settlement in California at the time (2018).
• $11.4 Million – Providers failed to monitor fetus during important moments before birth, and failed to timely identify fetal distress, resulting in profound brain injury and cerebral palsy. At the time, this was the largest birth injury settlement in California (2010).
• $11 Million – Premature triples suffered blindness, partial loss of vision, and mild loss of vision due to retinopathy of prematurity. We argued that the neonatologists and pediatrician should have been quicker to diagnose the issue and treat the condition before permanent damage was caused.
• $9.96 Million – At the time of its conclusion, this was the largest medical malpractice settlement in the history of CA. A 38-year-old executive stopped at a UCSF clinic claiming he was suffering from chest tightness. He died 7 days later.
• $8.9 Million - Record trial judgement involving improper use of vacuum extraction and failure to timely deliver a baby (1985).
• $7.6 Million - An 18-year-old woman was rendered quadriplegic during radiation treatment for cancer she had suffered as a child. This case was the largest jury verdict in the world in 1978 and was featured on Walter Cronkite's 6 o'clock news.

To learn more about our victories throughout the years, browse our online case results.

Types of Medical Malpractice Cases We Handle

Medical malpractice refers to professional negligence by healthcare providers that results in substandard treatment, causing harm to the patient. This negligence can occur through actions, errors, or omissions in diagnosis, treatment, aftercare, or health management. Common types of medical malpractice cases include:

We can handle cases where negligence was tied to a physician, surgeon, dentist, nurse, psychiatrists, pharmacist, or more. These professionals are all held to a high standard of conduct to protect their patients; should they ever fail to uphold that standard, they may be held liable for their actions.

Our firm can handle a wide variety of medical malpractice cases, such as:

• Birth and Neonatal Injuries: These cases involve injuries to infants during childbirth, such as cerebral palsy, brain damage, or other complications that may result from medical errors.
• Pediatric Meningitis: Failure to diagnose or treat pediatric meningitis can lead to serious consequences. Timely intervention is crucial in managing this potentially life-threatening condition.
• Misdiagnosis: When a healthcare professional fails to accurately diagnose a medical condition or provides an incorrect diagnosis, it can result in delayed or inappropriate treatment.
• Failure to Diagnose: Similar to misdiagnosis, this involves situations where a healthcare provider neglects to identify a medical condition altogether, leading to delayed or absent treatment.
• Radiation Injuries: Improper use of radiation therapy can cause harm to patients, including burns, tissue damage, or other adverse effects.
• Anesthesia Errors: Mistakes related to administering anesthesia, such as dosage errors, can lead to serious complications, including respiratory issues or anesthesia awareness.
• Surgical Errors: These cases involve mistakes made during surgical procedures, such as wrong-site surgery, organ damage, or leaving surgical instruments inside the patient.
• Emergency Room Errors: Errors in the emergency room can have severe consequences, including misdiagnosis, delays in treatment, or failure to provide timely care in critical situations.
• Suicide from Dangerous Drugs: In cases where patients experience adverse psychological effects or worsening mental health due to prescribed medications, it may lead to severe consequences, including suicide.
• Medication Errors: Mistakes in prescribing, dispensing, or administering medications can result in serious consequences, including adverse reactions, overdoses, or other complications.
• Infections from Healthcare Facilities: Failure to maintain proper hygiene standards in healthcare settings can result in patients acquiring infections during their hospital stay.
• Delayed Treatment: Delays in providing necessary medical care can worsen a patient's condition and lead to complications that could have been prevented with timely intervention.
• Failure to Obtain Informed Consent: Patients have the right to be informed about the potential risks and benefits of a medical procedure or treatment. Failure to obtain informed consent may result in legal action.
• Hospital Negligence: Cases where the hospital itself is liable for negligence, such as inadequate staffing, faulty equipment, or failure to maintain a safe environment for patients.
• Diagnostic Testing Errors: Mistakes in conducting or interpreting diagnostic tests, leading to incorrect diagnoses or delays in treatment.
• Failure to Monitor: Inadequate monitoring of a patient's condition, especially during and after surgical procedures, can lead to complications that could have been prevented with proper supervision.
• Wrongful Death: When medical negligence results in the death of a patient, the surviving family members may pursue a wrongful death claim against the responsible healthcare provider.

Who Can Be Held Liable for Medical Malpractice?

In cases of medical malpractice, liability can extend to various parties involved in the provision of healthcare. The key individuals or entities that can be held liable for medical malpractice include:

• Healthcare Professionals: This includes doctors, surgeons, nurses, anesthesiologists, radiologists, and other individual healthcare providers directly involved in a patient's care. If these professionals fail to meet the standard of care, they may be held liable for medical malpractice.
• Hospitals and Healthcare Facilities: Hospitals and other healthcare institutions can be held responsible for the actions of their employees, including doctors, nurses, and support staff. This is often the case when negligence occurs within the scope of employment.
• Nursing Homes and Care Facilities: In cases involving the elderly or individuals in long-term care facilities, the facility itself and its staff may be held liable for negligence, abuse, or inadequate care.
• Pharmaceutical Companies: If a patient experiences harm due to a defective drug, inadequate warnings, or improper labeling, the pharmaceutical company responsible for manufacturing and distributing the drug may be held liable.
• Pharmacists: Pharmacists can be held liable for medication errors, including dispensing the wrong medication, incorrect dosage, or failing to provide proper instructions on medication use.
• Dentists and Dental Professionals: Dental professionals may be held accountable for malpractice, including errors in dental procedures, failure to diagnose oral conditions, or negligence in providing dental care.
• Psychiatrists and Mental Health Professionals: Mental health professionals may be held liable for malpractice if their actions or omissions result in harm to a patient, such as misdiagnosis, improper treatment, or failure to prevent harm.
• Diagnostic Laboratories: Laboratories conducting diagnostic tests can be held liable for errors in testing, misinterpretation of results, or failure to communicate accurate information to healthcare providers.

The Statute of Limitations for Medical Malpractice Claims in California

If you are considering filing a medical malpractice lawsuit in California it's important to note that, no matter the type of injury suffered, you have a limited amount of time to file your claim. California law allows the injured person to file a lawsuit within one year from the date the injury was discovered, or should have been discovered, or within three years from the date the injury took place, whichever comes first.

The only exception to this rule is in cases where a foreign object, like a sponge or surgical instrument, was left inside the patient's body. The one-year discover rule still applies, however, there is no general time limit preventing the victim from, for example, filing a lawsuit ten years after the surgery if the foreign object wasn't discovered until recently.

Since medical malpractice lawsuits have such a short statute of limitations it's essential that you contact our law firm as soon as you suspect medical negligence. Our team of experienced, hard-working attorneys can investigate the details of your claim to see if you are a victim of medical malpractice.

Determining If You Have Grounds to File a Lawsuit

A few general factors provide the framework for determining whether you have received negligent medical care, and if it may be possible to recover in a malpractice lawsuit. Importantly, you must establish that the health care worker, whether a doctor, nurse or other care provider owes you a “duty of care.”

A friend’s advice not to seek treatment, or to pursue a particular remedy for your ailment – even if they are in the medical field – is generally not sufficient.

On the other hand, this relationship doesn’t depend on obtaining medical care in a physical office; for example, a drive-through and other temporary health clinic where medical advice and treatment is delivered may be sufficient to establish a doctor-patient relationship requiring a heightened standard of care.

A successful medical malpractice action will show that a the health care provider owed the patient a standard of care (based on the specific health care professional’s job – whether a nurse, doctor, anesthesiologist, etc.), and that the health care provider breached (failed to meet) that standard of care.

The breach is a failure to do what is expected of that position. Importantly, this breach must cause harm. If the health care worker makes a mistake, or otherwise acts negligently, and you are not hurt as a result, then it is unlikely you will have a strong case. However, if you suffer significant harm due to a medical error, you should contact a medical malpractice attorney at once.

Contact us online or call today to learn how we can help you: (888) 831-8448.