Over twenty years in practice

Medical Malpractice Attorney San Diego

We fight for families in California to get the compensation they deserve. Call us today for your free case evaluation.

Best Medical Malpractice Attorneys In San Diego

With over 20 years of experience in medical malpractice in California, we have seen the tragedies many families have gone through due to medical malpractice.  You might be shocked to learn that medical errors are the third leading cause of death in the U.S., according to Johns Hopkins. This accounts for nearly 250,000 deaths a year, although the Journal of Patient Safety claims that this number could be as high as 450,000.  We believe it is our duty and responsibility to fight for the families who have suffered to get them the compensation they deserve.  If you believe you or your family has a case, contact us now.

AREAS OF PRACTICE

Medical Malpractice San Diego
Looking for a medical malpractice attorney in San Diego? If you or a family member is suffering from injuries or an illness...
Misdiagnosis Attorney San Diego
Need a Misdiagnosis Attorney in San Diego area? Here’s something you might want to know.. About one-third, or 33% of...
Birth Injury Attorney San Diego
Injuries that occur before, during, or after childbirth can have catastrophic results. Types of Birth Injury Cases Handled...
Surgical Error Attorney San Diego
Whether it is emergency or elective surgery, there are many medical professionals in an operating room with a duty to...
Unless identified as such, attorneys listed in this website are not certified by the state Board of Legal Specialization.

Medical Malpractice Law FAQS

Many clients who are looking for a medical malpractice attorney in San Diego contact us in a time of need and have many unanswered questions. Here you will find the answers to some of the most common questions we get asked about medical malpractice.

Medical Malpractice FAQs

How long do I have to file a case from the time it happens?

In California, a medical malpractice lawsuit must be filed no later than three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury (whichever occurs first).

What kind of damages are available to the plaintiff in a medical malpractice lawsuit?

For patients who have suffered an injury due to medical malpractice, there are three kinds of damages are usually available through a lawsuit:

  • General damages. This is compensation for the suffering caused by the malpractice — things like physical and mental pain and suffering, loss of enjoyment of life, and loss of consortium.
  • Special damages. These are the more quantifiable expenses linked to the malpractice. Special damages include medical bills and reimbursement for lost income due to time missed at work.
  • Punitive damages. These damages are meant to punish a physician or medical facility for conduct that is seriously egregious (where a patient was intentionally harmed, for example). Punitive damages are rare in medical malpractice cases.

What kind of mistakes are considered medical malpractice?

Medical malpractice occurs when a patient is harmed because a doctor or medical professional failed to perform competently under accepted standards of medical care. To prove medical malpractice, it must be shown that the doctor was negligent in one way or another — meaning, not reasonably skillful and careful in treating the patient.

Misdiagnosis FAQs

What negligence commonly leads to misdiagnosis?

Negligence that can lead to a medical malpractice lawsuit (on the basis of a misdiagnosis) includes:

  • Interpreting results of testing incorrectly.
  • Ignorance of prior medical history of the patient.
  • Failure to order tests.
  • Delayed testing.
  • Failure to confirm diagnosis with other healthcare professionals.
  • Failure to continue diagnostic testing with the patient when confounding variables were present.

Can I hold my doctor liable for refusing to ask for a second opinion?

In certain situations, you might be able to hold your doctor liable for refusing to ask for another a second opinion on your diagnosis. The standard of care must be violated in order to find a doctor medically negligent for a particular action. If your condition is hard to diagnose, and the results are not clear, then the standard of care in that situation may call for a second opinion. To succeed, your attorney will need to persuade the court that this is, in fact, the proper standard of care for the circumstances.

How often does misdiagnosis occur?

The statistics on misdiagnosis are alarming. This critical mistake affects approximately 12 million patients nationwide every year. It’s particularly prevalent in cancer cases. In fact, one out of every 71 cancer patients receives an incorrect diagnosis.

Birth Injury FAQs

What is a birth injury?

A birth injury can be any type of injury that occurred during pregnancy, labor and delivery or shortly after birth. Common birth injuries include bruising from forceps, fractures of the clavicle or collarbone, and brachial plexus palsy (Erb’s Palsy). Birth injuries can also cause cerebral palsy, a movement disorder caused by an injury to the movement areas of the brain.

What are causes of birth injuries?

Birth injuries can be attributed to a number of causes, including medical error or negligence that occurs during the birthing process.  Malpractice, or medical negligence, happens when a doctor, or other health care provider, deviates from accepted standards of practice, and causes harm to a patient.  Birth injuries can be caused by malpractice in a variety of scenarios:

  • Failure to accurately interpret fetal ultrasounds
  • Failure to promptly recognize signs of fetal distress seen on the fetal heart monitor and provide the appropriate treatment
  • Failure to expedite delivery of the baby, or to perform a cesarean section (C-section), when the condition of the baby and/or mother requires it
  • Improper use of delivery instruments such as forceps or vacuum
  • Improper use of Pitocin, a drug which is used to induce or facilitate labor
  • Failure to properly resuscitate or care for the newborn after delivery

What is the difference between a birth injury and a birth defect?

Birth injuries are generally caused by something that went wrong during the delivery of the child. Birth defects usually involve harm to a baby that arose prior to birth, due to something that happened during or before the pregnancy.

Surgical Error FAQs

How do I know if a surgical error occurred?

The medical professional responsible for the error  is highly unlikely to admit the error. It is important to talk to an experienced third party who understands the legal and medical aspects of your case. If you feel worse after your surgery or are having unusual or unexpected symptoms or after-effects, you may need to have your case reviewed by independent medical professionals to see if there was a surgical error.

How can I prove my surgical error claim?

Successfully pursuing a surgical error lawsuit requires compelling documentation of how and when the error occurred, who was at fault, and the damages suffered by the patient.  It is recommended to consult a reputable attorney who can uncover mistakes and prove liability.

What defines a surgical error?

A surgical error is any mistake made before, during or after an invasive medical procedure, including biopsies, extractions, oral surgery or other operations.

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