When Medical Negligence Changes Your Life, We Fight for You
Suffering a serious injury because of a doctor’s mistake can be overwhelming. Medical bills can pile up, recovery may take months or even years, and you may be left dealing with long-term physical or emotional challenges. Families often feel frustrated, unsure of who is responsible, and concerned about how to protect their future. Navigating the legal system while trying to focus on healing can feel impossible on your own.
A San Diego medical malpractice lawyer at Rueb Stoller Daniel can guide you through every step. We work to make the legal process as clear and manageable as possible. From reviewing complex medical records to advocating for fair compensation, our team is committed to holding negligent healthcare professionals accountable.
Compassionate Advocacy for Injured Patients
We understand that you are not just a case number. You are a person who has been hurt and deserves respect and compassion. Our team listens to your story, answers your questions, and stands by you every step of the way. We strive to make this process as simple as possible for you so you can focus on healing.
What is Medical Malpractice?
Medical malpractice happens when a doctor, nurse, or other healthcare professional fails to provide the standard of care that patients have a right to expect, and that failure causes serious harm. This failure is called negligence.
Medical professionals have a responsibility to ensure their patients are treated safely and appropriately. Negligence in healthcare can take many forms, such as mistakes during surgery, misdiagnosis, or medication errors. A medical malpractice claim is a legal way to hold healthcare professionals accountable when their actions, or lack of proper care, lead to injuries.
Why You Need a San Diego Medical Malpractice Lawyer
Facing medical malpractice alone can feel impossible. Hospitals and insurance companies have their own legal teams. You deserve someone on your side who understands these cases and can fight for your rights.
A San Diego medical malpractice lawyer can handle the complex legal process, from investigating to negotiating with insurance companies or representing you in court. Having an experienced attorney by your side can make a significant difference in the outcome of your case.
Gathering Evidence of Medical Negligence
One of the first steps in a medical malpractice case is collecting evidence that shows negligence. Your lawyer will review medical records, surgical reports, test results, and prescription histories to identify mistakes or lapses in care.
They may also consult with medical experts who can explain how a doctor, nurse, or hospital deviated from the accepted standard of care. Photographs of injuries, witness statements, and hospital logs can also provide crucial support for your claim.
Negotiation With Insurance Companies
Insurance companies often try to minimize payouts, even in cases involving serious injuries. A medical malpractice lawyer acts as your advocate, handling communications and negotiations so you aren’t pressured into accepting less than you deserve. They know the tactics insurers may use and can protect you from misleading statements or lowball offers.
Your lawyer can also calculate the full value of your claim, including medical expenses, lost wages, long-term care, and pain and suffering.
Trial-Ready Representation
If a fair settlement cannot be reached, a medical malpractice lawyer can take your case to court. They will present your evidence, question witnesses, and work with expert testimony to demonstrate how medical negligence caused significant injuries. Having skilled legal representation ensures your case is argued effectively and persuasively.
Going to court can be intimidating, but your lawyer’s experience helps guide you through every step of the trial process. From filing motions to preparing you for testimony, they work to protect your interests and fight for the compensation you need to recover and move forward.
What Compensation Can a Medical Malpractice Attorney Help You Recover?
After a medical error, you may face mounting bills and other losses. A successful medical malpractice claim can provide compensation for your financial losses and the suffering you’ve endured. Your lawyer will fight tirelessly for the justice you deserve.
- Medical Expenses: Compensation may include hospital stays, surgeries, medications, rehabilitation, therapy, assistive devices, and future medical care.
- Lost Income: Your lawyer can demand money for lost wages during your recovery. If your injuries limit your ability to return to your job or force a career change, you can recover damages for lost future income.
- Pain and Suffering: This can include long-term physical pain, emotional distress, anxiety, and loss of enjoyment of life.
- Punitive Damages: In cases involving gross negligence or intentional wrongdoing, punitive damages may be available. These damages are meant to punish especially harmful behavior.
- Wrongful Death: When a loved one dies because of medical negligence, surviving family members may pursue a wrongful death claim. Compensation may include funeral and burial expenses, loss of financial support, and the emotional loss of companionship and care.
Understanding Your Rights Under California Medical Malpractice Law
It’s important to know what protections and options you have under California law if you’ve been harmed by medical negligence.
Statute of Limitations for Medical Malpractice Claims
California law sets strict deadlines for filing a medical malpractice claim. In most cases, you have one year from the date you discovered the injury or three years from the date of the injury, whichever comes first. Missing this deadline can mean losing your right to seek compensation.
It’s important to contact a medical malpractice lawyer as soon as possible to begin preparing a strong case.
Holding Doctors, Medical Staff, and Hospitals Accountable
Medical malpractice cases can involve many different parties. In San Diego, liability may extend to doctors, nurses, surgeons, anesthesiologists, and hospitals. Sometimes, more than one party shares responsibility. For example, a hospital may be responsible for failing to maintain safe protocols, while a doctor may be liable for a misdiagnosis.
Your medical malpractice attorney will carefully review medical records, consult with experts, and determine where mistakes were made.
Types of Medical Malpractice Cases We Handle
At Rueb Stoller Daniel, our medical malpractice lawyers help patients who have suffered serious injuries due to medical negligence. We handle a wide range of cases where doctors, nurses, and other healthcare professionals failed to provide appropriate care.
Surgical Errors
Mistakes during surgery can include operating on the wrong site, leaving surgical instruments inside the body, or performing procedures incorrectly. These errors can lead to severe complications, permanent injuries, or additional surgeries.
Birth Injuries
Birth injuries can cause permanent disabilities that change the course of a child’s life. A skilled medical malpractice lawyer can help families pursue compensation for injuries such as cerebral palsy, Erb’s palsy, or brain damage
Misdiagnosis
A medical malpractice lawyer can help if a delayed or incorrect diagnosis caused significant harm. Misdiagnosis may lead to unnecessary treatments, delayed treatment, or worsening of a medical condition.
Medication and Prescription Mistakes
Errors in prescribing or administering medication can have serious consequences, including adverse reactions, overdose, or treatment failure. A medical malpractice attorney can investigate cases where doctors, pharmacists, or nurses fail to properly monitor medications or give incorrect dosages.
Anesthesia Errors
Mistakes involving anesthesia can be life-threatening, ranging from incorrect dosages to failure to monitor vital signs during surgery. A medical malpractice lawyer can work with experts to demonstrate negligence.
Medical Malpractice Lawyer Frequently Asked Questions
How much does a San Diego medical malpractice lawyer cost?
We know cost is a concern. Our medical malpractice attorneys at Rueb Stoller Daniel work on a contingency fee basis. This means you pay no attorney fees unless we win your case. Our legal fees come from any compensation we recover for you. This approach allows you to focus on your recovery, not your finances.
How much is a medical malpractice lawsuit worth?
The value of a medical malpractice lawsuit depends on several factors, and every case is unique. A key consideration is the severity of the injuries and the impact they have on your life, including medical expenses, lost income, ongoing care needs, pain, and emotional distress.
A skilled medical malpractice attorney will review your case and help you pursue compensation that reflects your losses.
Do I have to go to court for a medical malpractice case?
Not always. Many cases are resolved through settlements negotiated between your lawyer and the insurance company. However, if a fair settlement cannot be reached, a medical malpractice lawyer can represent you in court to fight for the compensation you deserve.
Can I sue a hospital for a doctor’s mistake?
Yes. Hospitals can be held responsible if their staff or policies contributed to the injury. A skilled lawyer can investigate the situation and determine whether the hospital, individual healthcare providers, or both should be named in your medical malpractice claim.
Contact Rueb Stoller Daniel for a Free Case Review
Facing the aftermath of medical negligence can leave you feeling isolated and overwhelmed. The healthcare system is complicated, and when a trusted professional makes a mistake, the results can be devastating. You may find yourself searching for answers while struggling with pain, mounting expenses, and uncertainty about the future.
A skilled San Diego medical malpractice lawyer can help you move forward. At Rueb Stoller Daniel, we are committed to handling your claim with care and professionalism from start to finish. We work to protect your interests and help you seek the compensation you need to rebuild your life.
Contact us today for a free case review by calling 1-866-CALL-RSD or using our online form. There is no obligation, and you pay nothing unless we recover compensation for you.
