Frequently Asked Questions
San Francisco Medical Malpractice
How long do I have to file a claim?
In California, you have three years from the date of your injury to file a medical malpractice claim, or one year from the date that you discovered or reasonably should have discovered your injury. Different rules may apply if the victim is a minor, so it is important to talk to your San Francisco medical malpractice lawyer about your particular case to make sure you file your claim in time.
What is my medical malpractice case worth?
No two San Francisco medical malpractice cases are the same, and as such the value of your case may vary dramatically depending on the particular injuries sustained and various other factors. Generally, claims involving more severe injuries or illnesses result in higher settlements.
Should I involve an attorney?
Involving an attorney to assist you in the wake of injury caused by medical malpractice is a personal choice to make. However, it is important to remember that medical malpractice claims are often technical, and that it may be difficult to know whether you even have grounds for a case in the first place. An attorney can step in at the very beginning and can help you make the right choices about your case, then handling your claim for you to seek the financial compensation you deserve.
What do I need to prove to win my case?
There are a few main factors that will need to be proven in order to win a San Francisco medical malpractice case:
- The doctor had an obligation to the victim (for example, the victim was the doctor's patient)
- The doctor failed to provide a standard level of care
- The victim was injured
- The doctor's failure to provide standard care caused the patient's injuries
What is malpractice?
Malpractice as it concerns the field of medicine may be considered any act or failure to act that constitutes substandard care and injury to a patient. Medical malpractice may stem from negligence, unethical conduct, or intentional wrongdoing.
What is negligence?
Medical negligence typically refers to a doctor's failure to provide standard care, when this stems from inexperience, forgetfulness or carelessness. Forgetting to note something on a patient's chart, picking up the wrong medication off the shelf or accidentally prescribing the wrong medicine may all be examples of negligence in the medical field.
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