San Francisco Medical Malpractice Attorneys

Injured at the Hands of a Negligent Medical Professional?

When being treated by a medical care provider, you likely expect that your health is in the hands of a qualified, educated, and certified professional – and this expectation is not unreasonable. In the U.S., medical providers have a legal responsibility to provide a level of care that reflects certain standards, practices, and ethics.

Unfortunately, medical errors are responsible for countless injuries and over 250,000 patient fatalities each year. In fact, this is the third leading cause of death in the U.S. When a doctor makes a negligent mistake, it is considered an act of professional misconduct that needs to be addressed through civil litigation.

Proving Fault in a Medical Malpractice Case

In any medical malpractice case, you will need to establish four critical factors:

• A doctor/patient relationship existed
• The at-fault parties owed the patient a duty of care
• The at-fault parties breached this duty of care by committing an act of negligence
• The patient suffered physical harm, financial losses, and/or death due to this act of negligence

Our medical malpractice attorneys in San Francisco can collect evidence and consult with medical experts to prove that the defendant breached the standard of care by causing you or your loved one harm.

Holding Medical Professionals Accountable for Acts of Misconduct

In California, medical malpractice is considered a form of “professional negligence.” If a medical professional harms a patient or worsens their condition by deviating from the standards of their practice, that patient – or their surviving family members – may have grounds to file a medical malpractice lawsuit. It’s important to note that this policy applies to a wide range of medical professionals, and not just doctors or surgeons.

Before you can pursue a medical malpractice lawsuit in California, you must first notify the defendant about your intentions. This formal notification needs to be delivered 90 days before the claim is filed. Your notice needs to list the legal basis of the claim, as well as the injuries and losses you have suffered.

Statute of Limitations for Medical Malpractice in California

However, there is also the “discovery rule” to consider: this legal policy states that a plaintiff has one year upon the discovery of an injury to file a claim. For example, if a surgical tool was left in a patient’s body during a medical procedure, that patient can still file a claim even if the surgery itself was five years ago.

There are also legal exceptions involving minor children, acts of fraud and collusion, and intentional acts of concealment. For this reason and more, it’s critical that you contact a qualified attorney as soon as possible. At The Matiasic Firm, our trial-tested legal team can meticulously investigate the circumstances of your case.

What Monetary Damages Can I Recover?

California has very specific laws and regulations regarding medical malpractice, compensatory damages, and non-economic damages. California Civil Code 3333.2 puts a $250,000 cap on non-economic damages.

A plaintiff may also be able to pursue punitive damages in a medical malpractice case if their legal team can prove the defendant acted intentionally and with conscious disregard of the patient’s safety.

You Are Not Alone in This Battle. Call The Matiasic Firm Today!

Although medical negligence is inexcusable, hundreds of thousands of cases of medical errors are still reported every year. Our medical malpractice lawyers in San Francisco can help guide you through the process of pre-filing a claim, as well as representing your interests during the negotiation process. If the defendant refuses to provide a reasonable settlement offer, we have no qualms about taking your case to court.