California Physician Malpractice Attorney
A Skilled Lawyer Fighting for Patients Harmed by Physician Malpractice in San Francisco
Physician malpractice occurs when a doctor or healthcare professional fails to provide the standard level of care expected in their field, leading to harm or injury to a patient. This type of negligence can take many forms, including misdiagnosis, medication errors, or ignoring critical symptoms. When physicians fail to exercise proper judgment or act competently, their actions place patients’ health and lives at risk. The consequences can range from prolonged suffering and additional medical costs to severe, life-altering conditions or even death.
If you suffered harm because of a physician’s negligence, our team at Peterson Injury Law can help you pursue legal action, hold the responsible party accountable, and seek compensation for damages. Our founding attorney, Erik L. Peterson, has successfully resolved high-stakes medical malpractice cases and has been selected as a Senior Fellow of the Litigation Counsel of America, an invitation-only trial lawyer society comprised of less than one-half of one percent of all practicing attorneys in the United States. We understand how to build strong claims and can put our over three decades of legal experience to work for you.
You owe us no legal fees unless we help you obtain compensation. A member of our team can also take your call 24/7, so do not wait to discuss your case with us.
Understanding the Importance of Legal Representation in Physician Malpractice Cases
When navigating the complexities of a physician malpractice claim, having skilled legal representation is crucial. The intricacies of medical laws, insurance negotiations, and courtroom procedures can be overwhelming for individuals seeking justice for medical negligence. At Peterson Injury Law, we believe it's essential for you to understand the significant benefits of partnering with an experienced attorney.
Here are a few reasons why choosing the right legal representation can make a difference:
- Thorough Investigation: Our team will conduct a meticulous investigation of your case, gathering evidence and consulting with medical experts to build a solid foundation for your claim.
- Stronger Negotiating Power: With our extensive experience, we have established relationships with insurance companies and know the tactics they may employ. We’re prepared to negotiate aggressively on your behalf.
- Personalized Legal Strategy: Every case is unique. We'll tailor our approach to suit your specific situation, ensuring that we address your specific needs and concerns.
- Emotional Support: We understand that facing medical negligence can be emotionally taxing. Our compassionate team is here to provide support, helping you make informed decisions every step of the way.
- Maximized Compensation: Our goal is to ensure you receive the fullest compensation possible for your pain, suffering, lost wages, and medical expenses. We’ll work tirelessly to ensure your rights are upheld.
Don’t face the burdens of medical malpractice alone. Let Peterson Injury Law be your ally in the pursuit of justice, ensuring that your case is handled with the expertise and dedication it deserves.
Frequently Asked Questions About Physician Malpractice
At Peterson Injury Law, we understand that the legal process surrounding physician malpractice can be complex and overwhelming. To help you navigate through it, we've compiled a list of frequently asked questions that may clarify your concerns:
- What constitutes physician malpractice? Malpractice occurs when a physician fails to provide the standard of care expected, leading to patient harm. This can include misdiagnosis, surgical errors, or inadequate follow-up care.
- How long do I have to file a malpractice claim? In California, the statute of limitations for filing a medical malpractice lawsuit is typically three years from the date of the injury or one year from the discovery of the injury, whichever is earlier.
- What is the process of proving malpractice? To prove malpractice, you must show that the physician had a duty of care, they breached that duty, and that this breach directly caused your injury or damage.
- Do I need to pay upfront legal fees? No, at Peterson Injury Law, we operate on a contingency fee basis. This means you only pay if we win your case, making legal support accessible.
- Can I still file a claim if I signed a consent form? Yes, signing a consent form does not absolve healthcare providers of liability; it merely indicates that you were informed of the risks. If negligence occurred, you still have the right to seek justice.
Our dedicated team is here to answer any other questions you may have and guide you through every step of your case. Contact us today for a free consultation!
Your Free Consultation Awaits
At Peterson Injury Law, we believe that every potential client deserves the opportunity to have their situation assessed by experienced legal professionals without any financial burden upfront. That’s why we offer a free consultation to all individuals dealing with physician malpractice issues. During this session, you’ll have the chance to discuss the specifics of your case, understand your legal options, and get answers to any questions you may have.
Why schedule a free consultation with us?
- No Pressure: Our consultations are designed to provide you with information, not to pressure you into hiring a lawyer.
- Legal Insight: Receive valuable insights from attorneys specializing in physician malpractice, ensuring you are well-informed about your rights and the potential pathways for your case.
- Build Your Case: Learn about the essential documents and evidence you may need to bolster your claim, setting the stage for a stronger case if you choose to proceed.
- Accessible Locations: We understand that navigating legal challenges can be difficult, so we have multiple offices in the San Francisco area to better serve you.
Don't wait to seek the justice you deserve. Contact us today to schedule your free consultation and take the first step toward recovery and accountability.
Our California physician malpractice lawyer can help you seek justice. Call (415) 630-2913 or contact us online to schedule a free, no-obligation consultation.
How Long Do I Have to File a Physician Malpractice Claim in California?
In California, the statute of limitations for filing a physician malpractice claim is generally one year from the date the patient discovers, or should have reasonably discovered, harm resulting from the negligence. However, no claim can be filed more than three years after the malpractice occurred, regardless of when the harm was identified.
Different deadlines apply when physician malpractice harms a minor. If the malpractice occurred when the child was under the age of six, their parents or legal guardians have until their child’s eighth birthday or three years after the date the negligence occurred, whichever date is later, to bring a lawsuit. If the minor was at least six years old when they were harmed by physician malpractice, their parents or legal guardians have three years from the date of the negligence to file a claim.
If you wait too long to take legal action, you forfeit your right to pursue a claim and recover damages. These strict deadlines are why you should not wait to discuss your case with our California physician malpractice attorney.
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$3.75 Million Anesthesia Error
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$6.25 Million Anoxic Brain Injury, Anesthesia Error
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Record-Setting $17 Million Birth Injury Settlement
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“Working with Erik Peterson was an exceptional experience during one of the most difficult times in our lives. As we faced shock and a maze of medical decisions, Erik seamlessly took on our medical malpractice case with professionalism, compassion, and deep expertise. From our very first conversation, it was clear that Erik had both the knowledge and the sensitivity to guide us through the process with integrity. Erik ultimately secured a settlement that protected our financial future and gave us peace of mind to focus our energy on healing and recovery. We are profoundly grateful for his guidance and advocacy, and we cannot recommend Erik and his team highly enough.”- Jennifer B.
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“I am so very grateful to my lawyer, Erik and his team for his unwavering support, dedication and commitment. Thank you for all your hard work leading us to a victorious outcome in court!”- Quia K.
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“My wife and I are forever grateful to Erik and his team for putting the effort and care for our son and his needs. We chose Erik over another lawyer because they took the time to FaceTime with us and speak to us on a personal level which made us feel safe and heard. Throughout the process Erik was very communicative and detailed in explaining how all the legal things worked and how long things took. He was always truthful and honest but also caring. At the end Erik and his team were able to help us and now our son will have his needs met and a more comfortable life. Thank you.”- Adrian B.
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“He couldn't have managed independence to this extent, his current level of physical activity, or the complexity of his recent social interactions 6 months ago. None of it would have happened without ongoing therapeutic support - which has only been possible with the financial settlement.”- Former Client
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“Thank you Erik for winning our case! Erik and his team are superb. If you are in need of his attorney services, it is likely, like myself, that you are experiencing one of the most traumatic and painful times of your life. Of course you want an excellent lawyer - and he is it. The bonus: he is also a genuinely real and kind human being. I am so grateful to him and his team.”- Margaret C.
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“His knowledge and attention to detail was stellar, making me feel secure during a difficult case. Unlike most people in life, he was always upfront with me and kept me updated every step of the way, which is truly not what I was expecting from a lawyer. Although it was determined my case could take several years, especially during a pandemic, due to his dedication it was over in only 2yrs and made the process as easy for me as possible. I would absolutely recommend this firm and use him again if I ever need to, although I hope I don't.”- Kristy N.
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“My husband passed due to medical malpractice and I didn't know what to do or who to call. All I knew was I needed to get him justice. I researched and found Erik Peterson on google and reviewed various reviews on various sites. He was very patient and fought for me and my late husband. Erik told me what to expect ahead of time so I could prepare myself mentally. All in all, I HIGHLY recommend them to anyone who may need legal assistance in personal injury, medical malpractice and wrongful death. They are excellent and I can't say enough good things about them.”- Kiki A.
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“Very knowledgeable, professional and honest. I needed an attorney for malpractice and from the moment we first had our meeting, he explained everything in terms I could easily understand and very thorough, was always very responsive when I had questions. The case wasn’t an easy one to settle, but Erik never lost hope and kept fighting. Any time I had to get ahold of the staff at the law firm for paperwork, they were always so understanding and very helpful and always got back to me in a timely manner. I would highly recommend Erik Peterson and his law firm. He was an excellent lawyer and truly a genuine person.”- Lila D.
Types of Physician Malpractice
Not all unfavorable medical outcomes are a result of physician malpractice. Medicine is an inherently complex and dynamic field, and some outcomes stem from factors beyond a doctor’s control or from known risks associated with certain treatments. However, malpractice occurs when a doctor’s actions or decisions fall below an acceptable standard of care and cause avoidable harm to a patient.
Differentiating between unavoidable complications and negligence requires a close examination of the circumstances, including the doctor’s actions and whether they adhered to the expected medical standards for the situation. Our team at Peterson Injury Law can review your circumstances and advise whether you have a strong case.
Examples of physician malpractice include:
- Misdiagnosis or delayed diagnosis. One of the most common forms of malpractice involves misdiagnosing a condition or failing to diagnose it promptly. A misdiagnosis can lead a patient to receive incorrect or inadequate treatment while their actual illness worsens over time. For example, if a physician dismisses clear symptoms of cancer or fails to order appropriate tests, the delay in diagnosis can significantly decrease a patient’s chances of recovery. These cases often involve errors in judgment or failure to utilize available diagnostic tools effectively to identify the problem.
- Medication errors. Errors in prescribing could involve dismissing known drug interactions, overlooking allergies, or confusing medications with similar names. For example, administering a dangerously high dose of a painkiller may lead to serious health complications, including organ failure or death. Doctors have a responsibility to review patient records and prescriptions thoroughly before providing medication instructions.
- Failure to treat. A failure to treat occurs when a doctor correctly diagnoses a condition but does not provide appropriate care or follow-up. This can happen if a physician does not take a patient’s symptoms seriously, rushes through consultations due to time constraints, or ignores established treatment guidelines. For example, a doctor who withholds necessary treatment for a potentially life-threatening infection could cause preventable harm to the patient.
- Errors in prenatal care or childbirth. Mistakes during prenatal care or childbirth can lead to devastating consequences for both the mother and the baby. Physicians may fail to detect conditions such as preeclampsia, gestational diabetes, or fetal distress. During delivery, improper use of surgical instruments, failure to perform a timely C-section, or mismanagement of umbilical cord complications can result in birth injuries like cerebral palsy or harm to the mother. These errors often arise from poor preparation, inadequate monitoring, or a lack of attentiveness during critical moments.
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Types of Compensation Available in California Physician Malpractice Cases
When pursuing a physician malpractice claim, there are several types of compensation available that can help address the harm caused by the negligent actions of a medical professional. Compensation is generally divided into two main categories: economic damages and non-economic damages.
Economic damages refer to the tangible financial losses directly tied to the malpractice. These damages may include medical expenses related to the malpractice, such as the cost of corrective surgeries, hospital stays, follow-up care, and rehabilitation services. If ongoing care is required, future medical expenses can also be accounted for as part of economic damages. Additionally, any lost wages or diminished earning capacity resulting from the malpractice can be recovered under this category. For example, if the malpractice caused a temporary or permanent disability that prevented or prevents you from working, you can seek compensation for the income you would have earned.
Non-economic damages address the less tangible effects of malpractice, which impact the patient’s quality of life rather than their financial situation. This type of compensation can include pain and suffering, emotional distress, and loss of enjoyment of life. For example, if you experience chronic pain or psychological trauma due to the malpractice, non-economic damages can provide a means to recognize and secure compensation for those hardships.
Our California physician malpractice lawyer can help you seek the maximum compensation you are entitled to under the law. We are prepared to go to trial if that is what is necessary to secure the just outcome you deserve.
If you believe you suffered harm because your physician acted negligently, do not wait to get legal advice. Call (415) 630-2913 or contact us online today.
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