Oakland Medical Malpractice Lawyers
Medical malpractice in Oakland, California, occurs when a medical professional breaches their duty of care to a patient, resulting in damages. Medical malpractice can range from mistakes in childbirth to misdiagnosis. You or your loved one may be eligible to file a lawsuit if you have suffered from medical malpractice.
What Qualifies As Medical Malpractice?
Medical professionals are a trusted and integral part of our community. They take on a great duty when treating patients who are at their most vulnerable. As a patient, you rely on medical professionals to be intelligent, compassionate, experienced, and responsible.
However, problems can occur. Sometimes these are known and accepted risks associated with a medical procedure. Other times, an error may stem from carelessness, recklessness, or negligence on the medical professional’s part. When negligent mistakes cause personal injury, you have a right to legal recourse.
"*" indicates required fields
Featured Medical Malpractice Attorney
Attorney John Roussas was awarded the prestigious title of Northern California Super Lawyer from 2019 to 2025, recognizing his outstanding legal skills and achievements in personal injury and complex litigation.
Mr. Roussas has a superior ability to “think outside the box”. He would serve any client very well.
Medical Malpractice Signs
Potential signs of medical malpractice may include a medical professional doing any of the following:
- Admitting fault
- Not gaining your consent before the treatment
- Making a radical change in diagnosis
A patient may experience new symptoms following their treatment.
Medical malpractice is suspect if you notice one or more of these signs. A second opinion and legal counsel can help determine if your situation is actionable.
Why Choose Cutter Law As Your Oakland Medical Malpractice Lawyers?
If you need to file a medical malpractice claim, the Oakland medical malpractice attorneys at Cutter Law P.C. can help guide you through the process from beginning to end. You can trust Cutter Law to offer unparalleled legal support and knowledge throughout the entire legal process.
Cutter Law’s renowned Oakland personal injury legal team has taken on cases against big names in medicine, including:
- Johnson & Johnson
- Kaiser Permanente
- UC Davis Regents
- Boston Scientific
- Guidant
Cutter Law is recognized as a top law firm, with an Avvo Rating of 10.0 out of 10.0 and an A+ rating from the Better Business Bureau.
Trial attorney Brooks Cutter took a lead role in a nationwide case against Boston Scientific and Guidant following a recall of the manufacturer’s pacemakers and cardiac defibrillators.
Medical malpractice jury verdict on behalf of a young woman who suffered a spinal cord injury after doctors failed to diagnose a tumor on her spine.
Brooks Cutter and Margot Cutter won a $2.4 million dollar verdict on behalf of the children of a man who died after a staff doctor at a hospital lied and transferred a patient to another hospital that was not equipped to handle the patient.
Appointed by the federal court to the plaintiffs steering committee in the Medtronic Sprint Fidelis case on behalf of patients injured by defective defibrillator leads, ultimately ending in a successful settlement for our clients.
Photo via Wikimedia Commons CC BY-SA 3.0
Medical Malpractice Liability in Oakland
Medical malpractice liability is complex. It is best to speak directly to a practicing Oakland medical malpractice lawyer to determine liability. However, if the responsible party breached their duty of care or acted negligently, the court may find them liable for medical malpractice.
Legal Standard for Medical Malpractice
To win a medical malpractice claim in Oakland, you must prove the following:
- A doctor-patient relationship existed.
- The medical party violated the standard of care.
- This violation caused you harm.
- You suffered real, compensable damages from the violation.
You must prove each element in a court of law to win your case. A skillful Oakland medical malpractice attorney can help you create a persuasive case.
Standard of Care in a Medical Malpractice Case
The standard of care is the type of care that a competent and reasonably skilled medical provider would deliver in a similar scenario. If the court finds that the medical party deviated from the standard of care, they may be liable for medical malpractice.
Comparative Negligence
Oakland, California, has comparative negligence laws in effect for medical malpractice. This means you may recover damage awards, even if you share some responsibility for your damages. Under comparative negligence, you may recover the portion of damages caused by the negligent party or parties.
What is the process of an Oakland medical malpractice case?
Medical malpractice cases in Oakland follow a specific pattern. First, you must ensure your statute of limitations has not expired. In Oakland, the statute of limitations for filing a medical malpractice claim is generally three years from the date of your injury or one year since you knew about your injury. If your statute of limitations has passed, you will be time-barred from filing a legal claim. In this case, consult a lawyer to inquire about potential exceptions for your case.
Oakland also requires you to formally notify the opposing medical party about your upcoming lawsuit. You must notify them at least 90 days before filing your legal claim.
If you signed an arbitration agreement, it purportedly waives your right to take your claim to court. However, these arbitration agreements aren’t always enforceable.
The other party may offer an out-of-court settlement. Your attorney will advise you on any settlement offers.
What is a medical malpractice claim worth in Oakland?
Each medical malpractice claim is unique. It is impossible to predict the value of your claim with complete certainty.
The damages you may recover fall into the following categories:
Oakland courts cap some types of damages and not others. The courts cap non-economic damages and wrongful death claims. The courts do not cap economic damages and punitive damages. However, it’s important to note that there have been recent changes to California’s medical malpractice caps. Our legal team can explain how these changes may impact your case.
If the medical professional acted negligently enough to warrant punitive claims, your claim could easily reach the multimillion-dollar range.
The statute of limitations in California for medical malpractice is a little complicated. In general, in very broad strokes, we could say it’s a year from when you knew or should have known about the malpractice.
Brooks Cutter,
Founder of Cutter Law
- Address
1901 Harrison Street Suite 910
Oakland CA 94612
Frequently Asked Questions
What are the top three most common types of medical malpractice?
Three of the most common medical malpractice claims are failure to treat, misdiagnosis, and prescription drug errors.
Do I need an Oakland medical malpractice attorney for my case?
Filing and arguing a medical malpractice case without legal representation is certainly possible. However, it may be challenging. An experienced lawyer would understand what is needed to win the case. Countless requirements could cause you to lose your case on procedural formalities rather than merit. A skilled medical malpractice lawyer may be a solid investment, particularly if you still suffer from medical malpractice injuries.
Do all Oakland medical malpractice cases go to trial?
No. While many medical malpractice cases may go to trial in Oakland, not all do. Many cases will settle out of court. If you receive a settlement offer, the choice is yours whether to accept, negotiate, or proceed to trial.
Contact Experienced Oakland Medical Malpractice Attorneys
Contact our Oakland medical malpractice lawyers if you have been injured due to the action or inaction of your medical provider. The skilled legal team at Cutter Law will work with you to get you the compensation you deserve after a medical injury.
"*" indicates required fields
Depending on the year when your case goes to trial, the medical malpractice damages cap could be anywhere from half a million to a million dollars, roughly.
In general, the California statute of limitations for medical malpractice is one (1) from when you knew or should have known about the malpractice.
Non-economic damages are those quality of life losses that you sustain in an injury, including the pain and suffering, humiliation, and grief.
As a family run California law firm we pride ourselves in providing every client personal attention and representation. The outstanding results we have gotten for our fire clients are a direct result of our commitment to understanding and presenting all aspects of their case.
Hear from our previous clients about the relationships we build together.
“In October of 2019 I lost my leg because of a driver running a stop sign. I called Cutter Law from the hospital room. The next day I met Margot Cutter after she traveled 200 miles to the hospital to meet me. After meeting, and talking to Miss Cutter, I hired Cutter Law to represent me. Best decision ever!! Margot herself handled my case. She made sure my medical bills were taken care of, and got me a great settlement. Cutter Law bent over backwards to take care of me. Margot Cutter is more than my Attorney she has become a friend. I will not hesitate to recommend Cutter Law!! Everybody in the office has been great. There is NO doubt in my mind, Cutter Law P.C. was absolutely the right choice
I had a personal injury case that John Roussas handled for me with extreme professionalism, finesse, and swiftness. He is a result, oriented man! I don’t think I could have had anyone handle my case and have it come it the way it did without John.
He has your back.
Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.