Oakland Medical Malpractice Lawyers
Medical malpractice occurs when a health care professional or doctor injures one of their patients. This could be through negligence, omission, errors in treatment or diagnosis, or improper health management and aftercare.
If you were hurt because of the actions of a medical provider or health care professional, the Oakland personal injury lawyers at Cutter Law P.C. are here to help.
How Cutter Law Can Help With Your Oakland Medical Malpractice Case
If you’re looking to file a medical malpractice claim in Oakland, California, the lawyers at Cutter Law P.C. can help you navigate the process from start to finish.
Cutter Law is uniquely equipped to handle your medical malpractice case due to their:
- Network of trusted medical experts that can help establish a basis for legal action
- Extensive experience litigating medical malpractice
- Experience in arbitration and negotiating compensation
- Representation of many clients with medical malpractice claims
After successfully representing a number of medical malpractice cases in Oakland, CA, the caring attorneys at Cutter Law want to help you get the representation, justice, and compensation you deserve.
Nationally Recognized Oakland Medical Malpractice Lawyers
Not only do the attorneys at Cutter Law have extensive experience in medical malpractice cases and arbitration, but they also received several awards for top-tier legal representation:
- In 2019, Super Lawyers recognized Cutter Law as a top law firm.
- Cutter Law received an Avvo Rating of 10.0 (Superb)
- They’re members of the American Association for Justice Leaders Forum
Cutter Law currently holds an A+ rating from the Better Business Bureau (BBB)
Damages You Can Recover in Your Oakland Medical Malpractice Case
The exact amount of damages you can recover from your medical malpractice case depends heavily upon the facts of your case and the nature of your injuries.
In California, medical malpractice victims are allowed to recover economic damages from:
- Medical bills
- Future medical bills
- Future lost income
- Lost wages
- Assistive or household services
- Physical or occupational therapy
- Verifiable out-of-pocket expenses due to medical error or injury
Additionally, the State of California allows victims of medical malpractice in Oakland to receive compensation for non-economic damages.
Non-economic damages due to medical malpractice include:
- Pain and suffering
- Loss of enjoyment
- Emotional distress
- Loss of consortium
- Physical impairment
Depending on your specific injuries and the facts of your case, you may be able to recover compensation for both economic damages as well as non-economic damages. A medical malpractice attorney with years of experience, such as the lawyers at Cutter Law, will be able to discuss the details of your case and determine the extent of damages you can claim.
California Medical Malpractice Non-Economic Damages Cap
Fortunately, there are no caps or upper limits on economic damages in California for medical malpractice cases. This means that any amount of medical bills, lost income, verifiable expenses, therapy, and other damages classified as economic don’t have a cap limit.
For non-economic damages in a medical malpractice case, California Civil Code section 3333.2 places an upper limit of $250,000.
Signed into law in 1975 as a part of the Medical Injury Compensation Reform Act (MICRA), the non-economic-damage limit remains controversial. After many decades, the MICRA limit has not been updated to account for inflation or rising medical costs.
Do I Have a Case for Medical Malpractice?
Depending on the facts and circumstances surrounding your medical malpractice injury, you can make an initial determination about whether or not you have a strong case.
It’s important to remember that in California, medical malpractice involves professional negligence. Medical providers have a duty to their patients—the Hippocratic Oath states, “First, do no harm.”
According to the California Civil Jury Instructions (CACI) 501, health care professionals and medical staff must provide their patients with the same standard of care they would receive at any other reasonably trained professional with the same experience and qualifications.
If a medical provider fails to provide this baseline standard of care, they may be liable for any patient injuries that result.
To establish a successful medical malpractice case in Oakland, you may need to consult with a medical expert to demonstrate that your harm was directly caused by the actions (i.e. incorrect treatment) or inactions of your medical provider.
The Oakland medical malpractice lawyers at Cutter Law P.C. can help you make this determination and guide you through the process of establishing a strong case.
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.
$ 2.4 Million
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.
What Medical Providers Can be Sued for Medical Malpractice?
Any medical provider licensed to practice in California may be liable for medical malpractice, including:
- Physical therapists
Common Causes of Medical Malpractice
Medical malpractice may be caused by a number of factors connected to negligence, omission, or failure to provide the proper standard of care.
Medical malpractice may be applicable in the following situations:
- Failure to diagnose
- Informed consent
- Failure to treat
- Medication errors
- Surgical errors
- Birth injuries
- Anesthesia errors
- Failure to order proper tests
- Diagnostic errors
- Defective drugs
- Defective medical products
Cutter Law P.C. can help you determine if your particular case qualifies as medical malpractice.
Where Can Medical Malpractice Happen in Oakland?
Medical malpractice can happen at any healthcare facility or medical provider in Oakland, including major facilities such as:
How to Prove Your Oakland Medical Malpractice Case
Building a medical malpractice case against your health care provider in Oakland involves a series of steps that begin with the evidence-gathering process.
Building evidence for negligence will help support your medical malpractice claim, allowing you to definitively prove case elements such as:
- Existence of a doctor-patient relationship
- Your medical provider owed you a duty of care
- The provider breached the duty of care
- You suffered injuries as a result
- You suffered losses due to your injuries
The skilled Oakland medical malpractice lawyers at Cutter Law P.C. can work with you to understand how each of these elements applies to your situation, thus building a strong claim for recovering damages.
Time Limits in Oakland Medical Malpractice Cases
The amount of time you have to file a lawsuit after your injury occured is known as the statute of limitations.
According to the California Code of Civil Procedure section 340.5, a lawsuit may be filed three years from the date of injury. It is important to note that this three-year period refers explicitly to a lawsuit filing and not a claim filing.
If an injury is not immediately discovered, the statute states that the victim will have one year from the date they discovered or reasonably should have discovered the injury to file a case in court.
Although these are the typical time limits for filing a medical malpractice lawsuit in Oakland, there are exceptions that can extend the time period or toll the statute of limitations.
Exceptions to the statute of limitations include:
- Cases with fraud
- Cases with intentional concealment
- Cases where a foreign instrument is left in the body
- Cases where the victim is a minor, such as birth injury cases
Notice to Health Care Provider Time Limit
According to the California Code of Civil Procedure section 364, victims of medical malpractice must give a notice to their health care provider stating their intent to file a lawsuit at least 90 days in advance.
This notice must contain specific information about:
- The type of loss sustained
- The legal basis for the claim
- The nature of injuries suffered
Providing this notice to a health care provider or medical practitioner also serves as an extension to the statute of limitation by 90 days. This extension is valid as long as the notice is served within 90 days of the statute of limitations expiration date.
Oakland Medical Malpractice Cases Against Kaiser Permanente
When filing a medical malpractice case against Kaiser Permanente in Oakland, certain nuances and procedures apply. Kaiser Permanente is one of the largest insurance providers in the United States, and fighting against a behemoth like Kaiser requires the support of a capable firm such as Cutter Law. They have extensive experience in arbitration and have represented clients in cases against Kaiser Permanente in the past.
Why is arbitration experience so important? It stems from the binding arbitration agreement every Kaiser patient signs before receiving any kind of care from their provider. If you want to fight Kaiser Permanente and claim medical malpractice, a firm that has direct experience and understanding of the nuances of the Kaiser-patient agreement is critical.
In arbitration cases, there are no judges or juries. Instead, plaintiffs negotiate with the defendants through a third party known as an arbitrator. During the arbitration, both sides present their cases to an arbitrator, and then the arbitrator decides what kind of compensation the plaintiff deserves.
Other than those key differences, arbitration works similarly to traditional trials. There’s a discovery period as well as other pretrial processes, such as settlement conferences. However, the rules for evidence are far more relaxed, and the trial itself often occurs in an office instead of a courtroom.
Cutter Law P.C. has provided representation in several Oakland Kaiser malpractice claims. One prominent example is their representation of nurses in an understaffed maternity ward at a Kaiser facility.
Kaiser Permanente is one of the biggest non-profit healthcare insurance providers in the United States. They have over 10.5 million members, over 16,000 physicians, and over 48,000 nurses on staff at over 38 hospitals throughout the country. Kaiser also has more than 174,000 employees working at their various office departments.
Unfortunately, with such a large organization that employs and represents such a massive number of people, medical malpractice incidents are inevitable.
Thankfully, with the Kaiser Permanente malpractice lawyers at Cutter Law in Oakland, you always have someone to turn to in the event of a medical malpractice incident.
Successful Medical Malpractice Cases
Cutter Law successfully led a $7.6 million spinal cord injury case for a fourteen-year-old girl injured by medical malpractice. Attorneys Brooks Cutter and Eric Ratinoff determined that the UC Davis Radiology Department had missed a mass on an MRI scan when the girl first presented symptoms five years earlier. The victim became a T4 paraplegic with no movement below her chest as a result of spinal cord damage due to the mass and significantly delayed treatment.
The $7.6 million jury verdict is believed to be the largest medical malpractice verdict in Sacramento County history.
Contact Our Oakland Medical Malpractice Lawyers for Help With Your Case
If you were hurt due to the actions or inactions of your medical provider in Oakland, CA, we can help.
The knowledgeable and compassionate attorneys at Cutter Law will work with you every step of the way, fighting to protect your rights and recover an adequate monetary settlement. Call or contact the attorneys at Cutter Law today for a free consultation and learn more about how we can help you receive the justice and compensation you deserve.
Schedule A Free Case Review
Our Office Location
1999 Harrison Street Suite 1400
Oakland, CA 94612