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
$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
$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
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
Misdiagnosis: When a healthcare professional fails to accurately diagnose a medical condition
or provides an incorrect diagnosis, it can result in delayed or inappropriate
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
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,
Medication Errors: Mistakes in prescribing, dispensing, or administering medications can result
in serious consequences, including adverse reactions, overdoses, or other
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
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
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
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: