San Francisco Medical Malpractice Lawyers
The Medical Board of California received 10,103 complaints during the fiscal year 2020-2021. Medical injuries can lead to life-altering disability, pain, disfigurement, and even death. If you or a loved one is a victim of medical malpractice in San Francisco, you are entitled to financial compensation.
When you face an illness or injury, you entrust your well-being and life to your health care provider. Providers who violate this trust through negligence, incompetence, or willful wrongdoing commit a grievous act.
It is recommended to seek the expertise of San Francisco malpractice attorneys who understand legal jargon and know how to hold doctors accountable. At Cutter Law, our compassionate and hardworking attorneys have won millions of dollars for our clients, and we have the proven expertise to investigate your case and get you the compensation you deserve.
Quick Links
- What qualifies as medical malpractice in California?
- Common Causes of Medical Malpractice
- Who can I sue for medical malpractice in San Francisco?
- What do I need to prove in a medical malpractice lawsuit?
- What type of compensation can I recover in a medical malpractice lawsuit?
- How long do I have to sue for medical malpractice in California?
- What if a family member died because of medical malpractice?
- Should I hire a lawyer for my medical malpractice case?
What qualifies as medical malpractice in California?
Medical malpractice occurs when any licensed or certified health care provider causes substantial injury or death through negligent acts or omissions. The law also allows plaintiffs to hold hospitals, clinics, and health care facilities responsible.
Common Causes of Medical Malpractice
Medical malpractice occurs when doctors make injurious mistakes. Due to the vulnerability of patients, doctors have a responsibility to follow professional standards meticulously. One study showed that San Francisco had the highest rate of medical errors in California.
The most common causes of malpractice include misdiagnosis, surgical errors, medication errors, and birthing incidents.
Doctors have a responsibility to listen to their patients and investigate symptoms. Some doctors dismiss symptoms or make assumptions without providing proper assessments.
This often results in misdiagnosis or failure to diagnose at all, as in the case of our client who suffered a spinal injury after doctors failed to diagnose a tumor on her spine. We were able to win a $7.6 million settlement to compensate for her losses.
Surgery can be a scary experience even when everything goes smoothly. When doctors make errors, it is traumatic. Surgical errors can result in traumatic brain injury, severe disfigurement, and other life-altering conditions.
Nearly 5% of all hospitalized patients in the United States experience adverse drug events (ADE), making this the most common type of medical error. This can include dispensing incorrect dosages and providing the wrong medication.
Birth injuries are another common form of malpractice. A 2017 publication by the San Francisco Department of Public Health revealed that the infant death rate in San Francisco in 2013 was 4.7 per 1,000 infants.
The same publication revealed that the infant mortality rate is higher in the United States than in other developed countries, and the highest rate of infant mortality was among minorities.
These statistics could point to a higher rate of malpractice. While a lot can go wrong during childbirth even without malpractice, the attorneys at Cutter Law P.C. have the experience to uncover when your doctor was at fault.
Medical errors are the third leading cause of death in America. The lawyers at Cutter Law P.C. are dedicated to holding doctors accountable when they fail to provide patients the care they deserve.
Who can I sue for medical malpractice in San Francisco?
Any San Francisco health care provider who is licensed or certified and is carrying out duties under that license or certification is liable for medical malpractice when acts of negligence or omissions occur.
This includes:
- Medical doctors
- Osteopathic doctors
- Chiropractors
- Hospitals
- Skilled nursing facilities
- Clinics
In addition to this brief list, you can sue any health care provider that fails to provide proper care.
What do I need to prove in a medical malpractice lawsuit?
Medical malpractice occurs when a health care provider’s errors or negligence leads to substantial injury. An undesired outcome by itself does not constitute medical malpractice. You have a case for medical malpractice when you can prove the following:
- The provider is licensed or certified to perform the services provided
- The provider violated the established standard of care
- The provider’s negligence caused the injury
- The injury caused substantial damages
The lawyers at Cutter Law P.C. understand medical lingo and know how to navigate the complex legal system protecting medical providers. If you have experienced injury or disability as the result of a medical procedure, your health care provider could be at fault, despite what you may have been told. Contact us for a free consultation to determine whether you have a case for malpractice.
What type of compensation can I recover in a medical malpractice lawsuit?
If your San Francisco health care provider has substantially injured you through malpractice, you are entitled to compensation for your losses. The types of losses you can claim include economic and non-economic damages.
Economic damages are monetary losses and include past and future medical expenses and lost wages. You can recover the full amount of any economic losses you can prove.
Non-economic damages are intangible losses like pain and suffering, loss of the ability to enjoy life, and disfigurement. State law limits the amount of compensation you can receive for non-economic damages to $250,000. This limit was set in 1975, and many groups are pushing the state legislature to raise this cap.
$23.5 Million
Settlement won for government fraud in a whistleblower case against one of the world’s largest medical device manufacturers
$240 Million​
Settlement in a nationwide defective medical device case involving defective pacemakers and cardiac defibrillators against Boston Scientific and Guidant
How long do I have to sue for medical malpractice in California?
The statute of limitations for medical malpractice in California is one year. This means that you have one year from the time you discovered or should have reasonably discovered the injury to file a claim for medical malpractice. In extenuating circumstances where the injury was unpronounced for a longer period of time, the statute of limitations extends the time frame to three years from the date the injury occurred.
Due to the amount of investigation that is required, it is important that you not put off contacting a knowledgeable San Francisco personal injury lawyer. At Cutter Law, more time will allow us to investigate the details of your case, interview witnesses, and gather expert witnesses before your statute of limitations runs out.
What if a family member died because of medical malpractice?
The loss of a close family member is always hard, but it is even more devastating when it is caused by medical malpractice.
If your family member dies because of medical malpractice in San Francisco, you may have a case for wrongful death. To be eligible to file a wrongful death lawsuit in San Francisco, you must be a close family member or financial dependent of the deceased. The statute of limitations for a wrongful death lawsuit in California is two years in most cases.
If your loved one is the victim of wrongful death in San Francisco, you may be eligible for economic and non-economic damages. These could include lost income, burial expenses, and loss of companionship or guidance.
Should I hire a lawyer for my medical malpractice case?
Cutter Law P.C. is dedicated to helping those who have suffered injuries and losses because of medical malpractice. We are passionate about making sure our clients are compensated fairly, and their doctors are held accountable.
We cannot take away the pain of permanent disability or losing a family member, but our attorneys can work tirelessly to make sure you receive the compensation you deserve and need to bring balance back to your life.
We are proud of the results we have achieved for our clients by dedicating our time and expertise to investigate their case, get expert analysis, and obtain testimony by experts and witnesses. Here are just a few examples of our results:
- Our client received a $7.6 million jury verdict for a spinal cord injury.
- We achieved two separate settlements of $240 million and $220 million for defective medical devices.
- Our client received a $2.4 million verdict for intentional medical misconduct.
If your doctor has violated their code of conduct and injured you, you deserve relief. Contact us as soon as possible so we can get started on your case and recover the money you deserve.
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Cutter Law P.C.
1999 Harrison Street Suite 1400
Oakland, CA 94612
