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Doctor Malpractice

Medical Malpractice Lawyer Serving San Jose, Santa Clara County, and the Bay Area

Doctor Malpractice You put your trust in doctors and expect them to provide reasonable and proper treatment. However, when these medical professionals deviate from the standard of care, you can suffer serious and even life-threatening injuries.

At Corsiglia, McMahon & Allard, L.L.P., we understand the sense of betrayal and devastation you may feel following doctor negligence that leaves you injured or without a loved one. Our lawyers are committed to holding negligent physicians and other medical professionals fully accountable for their actions.

Common Types of Doctor Negligence

If you or a loved one suffered a serious injury as a result of medical malpractice, please contact a doctor malpractice attorney for a free consultation. Over the years, our skilled attorneys have handled countless doctor malpractice cases, such as:

  • Misdiagnosing or failing to diagnose a serious disease or illness
  • Failing to provide treatment in a timely manner, decreasing you or your loved one’s chances of recovery or survival or causing a new injury
  • Prescribing the wrong medication or the wrong dosage
  • Pharmacy errors such as confusing medications or issuing the wrong dose
  • Emergency room negligence
  • Early discharge from a hospital
  • Failing to follow up with the patient or refer to a specialist
  • Failing to order necessary tests
  • Misinterpreting lab results, resulting in unsuccessful treatment or misdiagnosis
  • Failing to warn patients of significant known risks associated with treatment

Unfortunately, some medical mistakes can prove fatal. If your loved one died as a result of doctor malpractice, you may have the right to pursue a wrongful death lawsuit. Our experienced doctor malpractice attorneys explore all avenues of recovery on your behalf, including holding the hospital liable when possible.

What is Doctor Malpractice?

Under the law, doctors and all medical professionals have a duty to provide their patients with the same standard of care, including the same level of skill and medical knowledge, which other doctors would use in the same or similar circumstances. When a doctor fails to provide this standard of care and it results in an injury to the patient, he or she may be found negligent in a court of law. This applies to all types of doctors, such as:

  • General physicians
  • Medical specialists, such as a cardiologist or pulmonologist
  • Obstetricians
  • Surgeons
  • Nurses
  • Hospitals
Recovering Compensation in California for Injuries Caused by Doctors

Patients injured by negligence can sue doctors for malpractice when the negligence causes damages that can be financially compensated. There are two types of compensation available: economic and non-economic damages. Economic damages are actual damages that have a discernable value. Examples of economic damages include past and future financial harm, such as:

  • Medical expenses
  • Lost wages
  • Lost earning capacity
  • Loss of ability to provide household services

In addition, injured patients may also recover limited non-economic damages. Non-economic damages are compensation for past and future harm that does not have a clear value, such as:

  • Physical pain
  • Mental suffering
  • Loss of enjoyment of life
  • Disfigurement or physical impairment
  • Inconvenience
  • Emotional distress
  • Grief, anxiety, or humiliation

One of the difficulties of medical malpractice cases is placing a value on these terrible losses. With our years of practical experience, our attorneys understand how courts calculate compensation for damages in doctor negligence cases and what evidence is needed to build a strong case for maximum recovery. We work diligently with experts ranging from physical therapists to vocational specialists to help support your claim.

When Doctor Malpractice Leads to Wrongful Death

When a patient dies at the hands of a negligent doctor, it may leave grieving family members with overwhelming emotional and financial burdens. Our attorneys know how difficult this time is for you and we work with sensitivity and perseverance to help you get the compensation you deserve. Families may be entitled to a variety of economic and non-economic damages when medical negligence results in wrongful death, including:

  • Funeral and burial expenses
  • Reasonable value of lost household services
  • Loss of gifts of benefits
  • Financial support the patient would have provided
  • Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support
  • Loss of enjoyment of sexual relations
  • Loss of training and guidance
Limits on How Much Compensation You Can Recover

Patients and family members may recover their economic damages caused by doctor malpractice without any limit. However, California law places a cap on non-economic damages. California’s Medical Injury Compensation Reform Act (MICRA) limits the amount of non-economic damages in medical malpractice cases to up to $250,000.

While MICRA does limit the amount you may be awarded for pain and suffering and other non-economic damages, a knowledgeable attorney can still help you recover full compensation for actual damages and build a strong case to maximize your financial recovery overall. At Corsiglia, McMahon & Allard, our medical malpractice firm is nationally recognized for our outstanding case results. Using our significant legal experience, we work alongside medical experts to value your past, current, and future harm to secure the best possible award.

How to File a Medical Malpractice Claim

Before you are able to sue a doctor for medical negligence, California law requires injured patients or their families to provide a Notice of Intent to Sue. This notice must be served on the negligent doctor at least 90 days before suing. The notice must be in writing and include the legal reasons for the claim, including the exact injuries and the types of losses suffered. There are many specific legal requirements for filing notice on a negligent doctor, but a medical malpractice lawyer can help you navigate the complex rules.

Time Limits to Sue for Doctor Negligence

If you believe you or a loved one were injured because of medical negligence, it is essential to act quickly. California’s statute of limitations places time limits on how long you can sue after an injury occurs. The Statute of Limitations for Professional negligence of a Health Care Provider is limited to whichever comes first:

  • Within 3 years after the date of injury
  • Within 1 year after the patient or family reasonably discovered or should have discovered the injury

There are some exceptions that may provide limited additional time, such as for young children in certain situations, or if there is proof of fraud, intentional concealment, or the presence of a non-therapeutic foreign body, such as a surgical sponge left inside of a patient. Regardless of the facts of your case, acting quickly to contact a knowledgeable attorney is the best way to protect your right to the financial recovery you need.

Contact Experienced San Jose Lawyers for Help with Malpractice Claims

At Corsiglia, McMahon & Allard, our California firm knows the ins and outs of the law and court procedure in complex medical malpractice cases. We have an in-depth understanding of the many defenses used in malpractice suits by doctors. Rest assured, we work hard to prepare a strong case designed to counter these defenses and secure maximum compensation for and your loved ones. If you were injured or lost a loved one due the negligence of a doctor, hospital, or other medical provider, calls us to schedule a complimentary consultation at (408) 289-1417 or contact us online today. We strive to provide the best services to injured clients throughout San Jose, Santa Clara County, Oakland, San Francisco, Monterey, and surrounding areas.

Client Reviews
My experience with Attorney Brad Corsiglia during my recent medical malpractice case was nothing short of amazing given the very stressful circumstances. I was fortunate to find Brad highly recommended from a mutual contact and from the very beginning of the process, Brad was truly engaged and knowledgeable in understanding my case and providing input on what avenues were available to me. Michelle M.