Medical Malpractice Attorney San Diego California

Medical Malpractice

Get Justice for the Medical Malpractice Injury You Sustained in San Diego, CA

Our San Diego medical malpractice attorney at Benner Law Firm can assist you in filing a medical malpractice claim to recover compensation for your injuries and losses. You may be eligible to file a medical malpractice claim if you were injured during a medical procedure, surgery, medical evaluation, or treatment due to the negligence of a doctor, nurse, or other medical professionals. When diagnosing and treating patients, all licensed healthcare providers and facilities are required by law to adhere to specific professional and ethical standards. However, medical errors are possible and do occur when providers disregard these standards. Medical bills lost wages during recovery, lost earning potential, disability, disfigurement, and ongoing pain and suffering can be exorbitant for victims of medical malpractice.  In certain instances, injuries may be fatal. Call our law office today for a free strategy session.

Why Do I Need a Medical Malpractice Attorney in California?

You trust your medical team to provide the care you need. You are left to deal with the physical, emotional, and financial consequences of their mistakes. That is not correct. Unfortunately, it can be challenging to hold doctors and hospitals accountable. They are supported by insurance companies, which employ teams of defense attorneys to fight you at every turn. Benner Law Firm can assist you. Our San Diego medical malpractice attorney has years of experience representing patients like you. We have no qualms about taking on large corporations, hospitals, and insurance companies. Our personal injury lawyer will:
  • Help you obtain the necessary quality medical care
  • Investigate the malpractice to collect pertinent evidence, such as medical records, witness statements, and more
  • Find the fair value of your case by working with medical experts, vocational specialists, economists, and experts in other relevant specialists
  • Manage the complex documentation and procedural requirements
  • Negotiate with the insurance companies to receive the full compensation to which you are entitled
  • Evaluate any settlement offer that the insurance company puts on the table
Do you have questions about a California medical malpractice case? Do you suspect that something went wrong during your medical care? Our medical malpractice attorney in San Diego California offers a free strategy session so that you can obtain the necessary assistance. Simply call us today to schedule an appointment with our personal injury attorney.

What is Medical Malpractice?

Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider fails to adhere to the required standards of care when treating a patient, resulting in serious injury or death. In specialized fields of medicine, such as emergency care, neurosurgery, obstetrics, and gynecology, medical malpractice is most prevalent. However, it can occur in any medical setting, from the operating room to the laboratory.

What is the So-Called Medical Standard of Care?

The relationship between healthcare providers and patients is unique. Doctors and nurses are required to provide patients with a certain standard of care. The standard of care is the level of care that would be provided by an average doctor or medical care provider who specializes in the same field.  The standard of care takes into account the provider’s available resources, knowledge, and technology. In other words, what would a typical physician do under these circumstances? When evaluating your potential case, we will consider whether or not the required standard of care was met.

What Are the Most Common Medical Malpractice Claims in California?

Common situations in which medical malpractice lawsuits are filed include the following:


If a doctor fails to correctly diagnose your condition, this does not necessarily mean you have a valid medical malpractice claim. The practice of medicine is intricate, and doctors are human and fallible. In certain instances, however, this type of error does rise to the level of medical malpractice. 

Failure to Diagnose

Failing to diagnose a patient is similar to a misdiagnosis. Again, if a doctor fails to diagnose you, your medical malpractice claim will not necessarily be successful. If you hire our medical malpractice attorney in San Diego California we will assist you in demonstrating that the failure to diagnose was the result of negligence and that another healthcare professional in similar circumstances would have reached a different conclusion or acted significantly differently.

Surgical Errors

If you believe you have a surgical error-related medical malpractice claim, we can assist you. We will be able to determine whether the surgical error rises to the level of negligence or a wrongful act, or whether it is simply a tragic error that occasionally occurs. Several examples of surgical errors that could result in a successful medical malpractice claim include:
  • Ineffective communication – results in the surgeon operating on the wrong body part
  • Fatigue – so severe on the part of the surgeon that he or she knew they should not have operated but did so anyway
  • Insufficient planning – leads to errors during the operation
  • Incompetence – the surgeon lacks sufficient experience but performs the operation anyway
  • The surgeon is careless during the operation – includes believing that an instrument may not be sterilized but using it anyway without first confirming its sterility
  • Operating while impaired by drugs and alcohol – almost always result in a medical malpractice claim, and it will likely be successful

Faulty Medical Devices

When a medical device is faulty or used negligently, it can cause severe harm to patients. Problems with medical devices do not manifest until years later, especially with devices that are intended to remain in the body for an extended period.  In cases involving defective medical devices, medical malpractice or product liability claims may be involved. These claims can coexist. They may involve class action lawsuits involving millions of other affected patients. 

Birth Injuries

Medical malpractice claims involving birth injuries are one of our practice areas. Severe trauma during delivery, such as a lack of oxygen to the brain, and brain injuries due to trauma, both caused by negligent medical professionals, are the two most common types of birth injuries that result in medical malpractice lawsuits. These injuries can result in chronic and debilitating medical conditions.

Nursing Home Abuse

We have experience trying and settling medical malpractice cases involving nursing home abuse. If you or a loved one are experiencing abuse or neglect in a nursing home, please contact our office immediately so we can assist you. Abuse or neglect of a resident in a vulnerable state while residing in a nursing home is completely unacceptable. 

Pharmaceutical Errors

Medication errors are one of the most common medical problems that occur in hospitals in the United States, with millions of cases reported annually. Our medical malpractice attorney in San Diego California has extensive experience handling cases of this nature. We are familiar with the strategies used by doctors and hospitals to minimize these types of errors. 

Wrongful Death

When a healthcare professional—such as a doctor, nurse, or hospital—fails to deliver adequate medical care, it may result in a wrongful death. Misdiagnosis, surgical mistakes, medication mistakes, and improper condition monitoring are just a few examples of the many ways that medical malpractice can manifest itself. We are here to assist you during this challenging time. Our clients are treated like family. Benner Law Firm is here to relieve you of your burdens. Contact us today! 

What Are the Possible Medical Malpractice Injuries?

Medical malpractice injuries can have a lifelong impact on you or a loved one. These injuries may significantly shorten one’s lifespan. If your interaction with a healthcare provider resulted in a personal injury, contact one of our personal injury attorneys immediately. Some severe injuries caused by medical negligence and malpractice include:
  • Spinal cord injuries
  • Paraplegia and quadriplegia
  • Brain injuries and damage (concussions, hemorrhages)
  • Catastrophic injuries, such as needless or improper amputations
  • A severe infection or septic shock
  • Anesthesia or medication overdose
  • Wrongful death
These injuries will require long-term medical care and significant lifestyle adjustments. Our San Diego medical malpractice attorney could assist you in obtaining compensation for your injuries. Schedule a free strategy session to determine if we can assist you today.

Who Could Be Held Legally Liable in California Medical Malpractice Cases?

When you enter a hospital, you anticipate receiving satisfactory medical care. This is the primary reason people visit hospitals. The last thing you expect is for a medical professional to cause you harm. We anticipate that the doctor will help us feel better. When the opposite occurs, it can be traumatizing.  However, not only the doctor could harm us. Additionally, the hospital or medical staff may fail in some aspect of our medical care and cause us harm. Multiple healthcare providers can compromise the required standard of care. Against these negligent medical professionals, a medical malpractice lawsuit may be filed. These parties may consist of the following:
  • Hospitals
  • Lab technicians
  • Midwives
  • Nurses
  • Nursing aides
  • Anesthesiology nurses
  • Medical assistants
  • Nurse practitioners
  • Psychologists
  • Psychiatrists
  • Physical therapists

Do I Have a Medical Malpractice Case?

It is not always simple to determine whether you have a medical negligence claim. If you suspect that this is the case, you should investigate immediately to avoid missing the statute of limitations and forfeiting any potential financial compensation. The following steps can assist you in determining whether or not you have a valid claim:

The Medical Practitioner Owed a “Duty of Care”  

You may have a claim if you can demonstrate that the doctor or medical practitioner owed you or a family member a duty of care, meaning that you or the family member sought medical assistance from the doctor or medical practitioner and made them aware of ailments, illnesses, or injuries.

The Healthcare Professional Breached the Duty of Care

You may have a claim if you can establish that the practitioner’s actions (or lack thereof) fell below the expected duty of care for someone trained in that field.

The Violation Caused You Harm

You may have a claim if you can demonstrate that you endured pain, harm, or suffering as a result of the breach of duty of care.

You Have Lost Work or Earnings as a Result of the Breach

If you missed work or lost wages as a result of suffering or injuries caused by medical professionals, you may be entitled to monetary compensation for lost wages.

Change in Way of Life

As a result of a breach of duty of care, you may be able to file a claim for compensation if you’ve had to alter your lifestyles, such as by becoming disabled or losing limbs, senses, or fertility.

You Have Been Offered an Apology

Hospitals and medical practices frequently offer apologies to patients following an internal investigation of what went wrong. On occasion, patients or their families are offered monetary compensation. You may have a claim if you have received an apology or an offer of financial compensation.

How Long Does a Medical Malpractice Injury Claim Take?

Generally, the timeline for a medical malpractice lawsuit will be significantly longer than that of a typical personal injury case. Medical malpractice lawsuits frequently require the testimony of medical experts who can determine whether a defendant’s actions were reasonable under the circumstances.  In addition to lengthening the time required to conclude a medical malpractice lawsuit, the initial review procedure can also add to the total duration of the case. While medical malpractice lawsuits may take longer than other civil claims, injured patients must remember one exception.  When a medical professional has committed medical malpractice that is egregious, criminal, or inexplicable, they will likely attempt to resolve the situation as quickly and discreetly as possible. It is crucial for a patient in this situation to consult with a San Diego medical malpractice attorney to determine the optimal settlement negotiation strategy if a settlement is possible.

What Types of Damages Are Available to Medical Malpractice Injury Claims in California?

There are two general types of damages in medical malpractice cases: economic and non-economic damages. Economic damages are intended to compensate for your out-of-pocket expenses. You may be eligible for compensation for:
  • Medical expenses
  • Past and future wage and income losses
  • Ongoing medical costs necessary to treat your condition
  • Reduced earning capacity
  • Physical treatment
  • Rehabilitative care
  • Extended care
  • Pharmaceuticals and medical devices
  • In-home support
Non-economic damages consist of compensation for:
  • Pain and suffering
  • Emotional distress
  • Anxiety, depression, and PTSD
  • Loss of life’s pleasure
  • Disfigurement and scarring
  • Loss of consortium
The Medical Injury Compensation Reform Act (MICRA) of California places a cap on non-economic damages. This damages cap has no bearing on your claim for economic damages. You can recover an unlimited amount for your medical expenses, lost wages, and other financial losses. Want to learn more about how our medical malpractice attorney in San Diego California can assist you in obtaining the full compensation you deserve? Call our law firm today for a free strategy session.

What Punitive Damages Available to Medical Malpractice Injury Claims in California?

Punitive damages exist to punish the most irresponsible offenders of medical malpractice. In California, you can recover punitive damages in a case of medical malpractice if you can provide clear and convincing evidence of oppression, malice, or fraud. In cases involving professional negligence such as medical malpractice, this means:
  • The conduct was despicable.
  • The behavior was either intentional, reckless, grossly negligent, or conducted with deliberate disregard for the rights or safety of others.
There is no cap on punitive damages for medical malpractice claims in California.

What Are California Shared Liability Rules?

In a medical malpractice case, the healthcare provider may argue that you contributed to your injuries by, for example, not following your doctor’s instructions or engaging in some other form of negligence. California is a pure comparative negligence law state. If you are partially responsible for your injury, your compensation will be reduced proportionally.

What is California’s Statute of Limitations for Medical Malpractice Injury Claims?

Every type of legal claim has its statute of limitations or the filing deadline that plaintiffs must meet. If you attempt to file a claim after the statute of limitations has expired, the court will deny your claim unless exceptional circumstances exist. Under Section 340.5 of the California Code of Civil Procedure and the case law interpreting it, your lawsuit must be filed within three years of the date of injury, or within one year of the date you discovered, or reasonably should have discovered, that your injury may have been caused by medical negligence. The statute of limitations extends the filing window for cases involving “delayed discovery” of medical malpractice. There are also extremely limited circumstances (such as active duty military service, fraud or intentional concealment by the health care provider, or leaving a foreign body such as a sponge or instrument inside the injured person) that “toll” the clock from ticking for as long as the circumstances continue. The statute of limitations for minors is also three years from the date of injury. There are sometimes exceptions to this rule, such as when the case involves fraud or other illegal activity. For a victim who sustained an injury while under the age of six, the claim must be filed within three years or before the child turns eight, whichever provides a longer filing window.

Talk to Our Experienced San Diego Medical Malpractice Attorney Today

No matter the nature of your medical malpractice claim, our San Diego medical malpractice attorney can assist you. We will work on your case from start to finish with dedication, patience, and compassion. We will examine your case and provide you with an accurate forecast of what to anticipate.  In addition, our team will investigate, conduct all necessary research, and work expeditiously to settle your case for a fair and reasonable sum of money. If you believe you have a claim for medical malpractice, contact our medical malpractice attorney in San Diego California immediately for a free strategy session.  Benner Law Firm is your best bet for finding medical and legal counsel to assist you with your malpractice claim. We’re also here to help you with Mass Torts, Premises Liability, and Wrongful Death cases.

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