Medical Malpractice Lawyer San Francisco, CA

Seeking Justice After Medical Malpractice

Our San Francisco, CA medical malpractice lawyer firmly believes that just as attorneys have a duty to meet the standard of care with our clients, medical professionals have a duty to meet the standard of care with their patients. Unfortunately, some doctors rush when taking histories from patients, fail to perform key diagnostic testing, don’t provide important advice or warnings regarding conditions for which patients seek treatment, or are otherwise negligent. When a medical professional negligently makes an error that damages a patient, it can have devastating and life-altering effects.

Our attorney at The Law Office of Bennett M. Cohen offers years of experience handling medical malpractice claims throughout the Bay Area. He is a veteran trial lawyer who has a proven track record advocating for those who have been hurt by medical negligence, and he never gives less than 100 percent to his clients. Call today to set up a free consultation.

The Reality Of Medical Malpractice Cases

Medical malpractice claims are among the most complicated types of personal injury cases. They often involve serious medical issues, expert testimonies, and a thorough understanding of both legal and medical terminologies. The process typically begins by establishing that the medical professional owed a duty of care to the patient. Then, it must be demonstrated that this duty was breached and that the breach directly resulted in harm or injury to the patient.

Having our skilled medical malpractice attorney by your side can be invaluable during such challenging times and help you avoid making common mistakes in your personal injury case. Our lawyer can sift through medical records, collaborate with medical professionals, and build a compelling case to prove negligence.

Why You Need Experienced Representation

While it’s entirely within one’s rights to represent oneself, medical malpractice cases can be complicated. The defendant, usually represented by seasoned attorneys from insurance companies, will rigorously challenge every claim, seeking to reduce or eliminate their liability. Our lawyer will not only understand the delicate matters of the legal process, but will also anticipate and effectively counter the strategies used by opposing counsel. We bring essential knowledge and experience that allows you to know that your case is in good hands, as well as a passion and drive to fight for your case that will give you confidence in our resolve to deliver a favorable outcome.

Our professional lawyer also brings a network of resources. From medical specialists who can testify on your behalf to investigators who can uncover critical evidence, our well-connected injury lawyer can significantly benefit your case.

Choosing The Right Lawyer For Your Case

Medical malpractice cases are extremely complicated and vigorously defended. Your choice of attorney is incredibly important if you wish to recover full and fair compensation for a medical error that has caused you injury.

Understanding the medical aspects of a case, proving fault, and being ready and willing to appear in court on your behalf is what our medical malpractice attorney does. We can assist you with cases involving failure to diagnose, failure to warn or counsel, misdiagnosis, surgical errors, anesthesia errors, birth and pregnancy injuries, brain injuries, failure to obtain full and informed consent, improper aftercare like bedsores, and more.

When you decide to pursue a medical malpractice claim, you’re taking a brave step towards justice—not just for yourself, but for others who might find themselves in similar situations in the future. Holding negligent medical professionals accountable can help uphold healthcare standards and deter potential future instances of negligence.

Experience From Working With A Nationally Known Law Firm

Mr. Cohen takes the skills and knowledge he acquired from working at one of the most respected personal injury law firms in California to his law practice. He provides each client with the personalized attention they deserve and fully dedicates himself to every case.

Common Surgical Errors

Surgery errors are one of the most common cases of medical malpractice we handle. These errors can have severe consequences which is why it’s important to consult with our San Francisco medical malpractice lawyer if you’ve experienced a similar situation. At The Law Office of Bennett M. Cohen, we can shed light on common pitfalls and prevention strategies to empower patients in San Francisco.

Lack of Communication

Communication breakdowns can lead to surgical errors. Encourage open dialogue with your medical team, and make sure you understand the procedure, potential risks, and postoperative care. Effective communication is key to preventing misunderstandings that could result in errors.

Inadequate Preoperative Planning

Preoperative planning is critical. Your medical team should conduct thorough assessments and consider your medical history, allergies, and potential complications. Adequate planning minimizes the risk of errors related to patient-specific factors.

Fatigued Or Overworked Staff

Fatigue among healthcare professionals can contribute to errors. Advocate for policies that prioritize rest and reasonable work hours. Adequate staffing levels also play a role in making sure healthcare providers can focus on patient safety during surgical procedures. Contact our firm if you believe an overworked or fatigued staff caused medical malpractice to you.

Insufficient Training & Experience

Before undergoing surgery, verify your surgeon’s credentials, training, and experience. Choose a surgeon who specializes in the specific procedure you need. A well-trained and experienced surgeon is less likely to make errors during surgery.

Inadequate Monitoring During Surgery

Continuous monitoring during surgery is essential to making sure the medical team remains vigilant and employs available technology to monitor vital signs. Prompt identification of any irregularities can lead to swift intervention and prevention of potential complications.

Poor Handoff Communication

Transitions of care, such as handoffs between medical staff, must be clear and thorough. Inadequate communication during these transitions can result in critical information being overlooked, leading to errors. Advocate for standardized handoff protocols to enhance patient safety.

Incorrect Site Surgery

Incorrect site surgery is a preventable error. Before the procedure, verify and confirm the correct site with your surgical team. Clear communication and visual confirmation reduce the risk of operating on the wrong body part.

Medication Errors

Medication errors during surgery can have serious consequences. Be proactive in understanding the medications you are prescribed, including dosages and potential side effects. Confirm this information with your medical team before surgery to prevent errors.

Inadequate Postoperative Care

Postoperative care is as crucial as the surgery itself. Emphasize the importance of thorough follow-up care and monitoring. Regular check-ups and communication with your healthcare provider can identify and address complications promptly.

Delayed Recognition Of Complications

Delayed recognition of postoperative complications can exacerbate issues. Prioritize early intervention by promptly reporting any unusual symptoms or concerns to your medical team. Timely action can prevent complications from escalating.

San Francisco Medical Malpractice Infographic

Medical Malpractice FAQs

What Is A Medical Malpractice Lawyer?

Our medical malpractice lawyer is a legal professional who handles cases where individuals believe they have suffered harm due to the negligence or misconduct of healthcare professionals.

When Should I Consider Hiring A Medical Malpractice Lawyer?

You should consider hiring our personal injury lawyer if you suspect that you have been a victim of medical negligence. This could include misdiagnosis, surgical errors, medication mistakes, or any other form of substandard care that resulted in harm or injury.

How Do I Know If I Have A Valid Medical Malpractice Case?

Generally, you must establish that a healthcare professional’s actions deviated from the standard of care, and this deviation directly caused your injuries. Consulting with our medical malpractice attorney is key to assessing the viability of your case.

What Damages Can I Recover In A Medical Malpractice Case?

Damages in medical malpractice cases can include compensation for medical expenses, lost wages, pain and suffering, and other related costs. The specific damages you may be entitled to will depend on the circumstances of your case.

How Much Does It Cost To Hire A Medical Malpractice Lawyer?

Many medical malpractice lawyers work on a contingency fee basis. This means we only get paid if you win your case, taking a percentage of the awarded damages. It’s important to discuss fee structures and any additional costs during your initial consultation.

Do I Need Expert Witnesses For My Medical Malpractice Case?

Expert witnesses play a central role in medical malpractice cases. They provide specialized knowledge and opinions regarding the standard of care and whether the healthcare professional’s actions deviated from it. Our injury lawyer will help identify and engage qualified experts to support your case.

How Long Does A Medical Malpractice Case Take To Resolve?

The duration of a medical malpractice case can vary significantly. Some cases settle quickly through negotiations, while others may proceed to trial, extending the timeline. Our lawyer will provide a realistic estimate based on the specifics of your situation.

Can I File A Medical Malpractice Claim Against A Hospital Or Healthcare Institution?

Yes, medical malpractice claims can be filed against hospitals and other healthcare institutions if their staff’s negligence results in harm. Hospitals can be held accountable for the actions of their employees under certain circumstances.

What Should I Do If I Suspect Medical Malpractice?

If you suspect medical malpractice, it’s essential to seek legal advice promptly. Document the details of the incident, gather medical records, and consult with our medical malpractice attorney to assess the merits of your case.

How Do I Find A Qualified Medical Malpractice Lawyer?

Finding a qualified medical malpractice lawyer involves researching their experience, success in similar cases, and client reviews. Recommendations from trusted sources, such as other attorneys or healthcare professionals, can also guide you to a reputable lawyer.

San Francisco Medical Malpractice Statistics

According to national statistics, misdiagnosis or delayed diagnosis accounts for nearly one-third of medical malpractice claims filed in the U.S. Surgical errors account for one-quarter of all claims against negligent care providers. Surgical errors account for one-quarter of all claims against negligent care providers. Prescription errors harm 1.5 million people annually, causing $3.5 billion in damages.

If you suffered an injury due to medical negligence, call our office to speak with our medical malpractice attorney if you’ve been a victim of medical negligence to find out what type of financial compensation you may be entitled to.

San Francisco Medical Malpractice Glossary

At The Law Office of Bennett M. Cohen, our San Francisco, CA medical malpractice lawyer advocates for patients who have suffered harm due to errors made by healthcare providers. Medical malpractice cases are legally and medically complicated, requiring a thorough understanding of various legal principles. To effectively represent our clients, we must be familiar with key legal terms and concepts that shape how malpractice cases are handled. Below, we define and explain five essential terms that play a pivotal role in medical malpractice litigation.

Causation

Causation refers to the requirement that a plaintiff must prove a direct link between a healthcare provider’s actions (or inactions) and the injury suffered by the patient. Establishing causation is one of the most challenging aspects of a medical malpractice case. Even if a doctor makes a mistake, we must prove that the mistake directly caused the harm. Defense lawyers often argue that a patient’s injury was due to a pre-existing condition or an unavoidable medical complication rather than the provider’s negligence. To counter this, our personal injury lawyers work closely with medical experts who can analyze records, provide testimony, and demonstrate that the provider’s action (or failure to act) was the true cause of the injury.

Res Ipsa Loquitur

A Latin phrase meaning “the thing speaks for itself.” This legal doctrine applies when an injury is so obviously the result of malpractice that no additional proof of negligence is needed. Some medical errors are so egregious that they could not have occurred without negligence. For example, if a surgeon leaves a medical instrument inside a patient after surgery or operates on the wrong body part, these mistakes are clear-cut cases of malpractice. In such instances, we invoke the Res Ipsa Loquitur doctrine to shift the burden of proof onto the healthcare provider. This means that instead of the patient having to prove negligence, the provider must prove they were not negligent.

Informed Consent

A legal and ethical obligation requiring healthcare providers to disclose the risks, benefits, and alternatives of a medical procedure before obtaining a patient’s agreement to proceed. Every patient has the right to make informed decisions about their medical care. Before undergoing surgery, receiving treatment, or taking medication, patients must be fully informed of all potential risks and available alternatives. If a doctor fails to obtain informed consent and the patient suffers harm from a procedure they were not properly warned about, we may have a strong malpractice case.

Expert Witness

A medical professional who provides specialized knowledge and testimony in a medical malpractice case to establish whether the standard of care was breached. Expert witnesses play a critical role in malpractice litigation. Courts require testimony from medical experts to explain whether a healthcare provider’s actions deviated from the accepted standard of care. These witnesses can be doctors, nurses, or specialists with expertise in the relevant medical field. Our San Francisco medical malpractice lawyers work closely with expert witnesses to review medical records, provide reports, and testify in court.

Vicarious Liability

A legal principle that holds an employer (such as a hospital) responsible for the negligent actions of its employees. Many medical malpractice cases involve vicarious liability, meaning that not only can an individual doctor or nurse be held accountable, but the hospital or medical facility that employs them can also be sued. If a hospital fails to properly train, supervise, or screen its employees, it can share responsibility for a patient’s injury.

The Law Office Of Bennett M. Cohen

1438 Market St, San Francisco, CA 94102

Contact Our Firm Today

Your first consultation is free. Please contact us to schedule a meeting with our San Francisco medical malpractice lawyer, Bennett M. Cohen. Located in San Francisco, we handle cases throughout the Bay Area and beyond. Call now to talk with our team at The Law Office of Bennett M. Cohen. We are dedicated to fighting for maximum compensation for your personal injury case.