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Medical Malpractice

Your California Medical Malpractice Attorney

Medical Malpractice - 8 shocking case types and how to navigate the system

Team of surgeons performing an operation, representing the high-stakes environment where medical malpractice can occur

Navigating Medical Malpractice Claims

To establish a medical malpractice claim, you must demonstrate that the provider owed a duty of care, breached this duty, and that the breach directly caused your injury. This often involves medical expert testimony and a thorough review of medical records.

What Constitutes Medical Malpractice?

Medical malpractice occurs when healthcare providers fall below the accepted standard of care, leading to patient injury or death. It’s essential to differentiate between unavoidable medical complications and negligence. Common types of medical malpractice include:

1. Failure to Diagnose: Misdiagnosis or delayed diagnosis that leads to harm.

2. Improper Treatment: Incompetent treatment or incorrectly administered treatment.

3. Failure to Warn: Lack of informed consent about the risks of a procedure or treatment.

4. Defective Medical Devices: Harm caused by improperly designed, manufactured, or used medical devices.

5. Prescription Drug Injuries: Injuries resulting from prescription errors or defective drugs.

6. Birth and Pregnancy-Related Injuries: Harm to mother or child due to negligent prenatal care or childbirth procedures.

7. Elder Care and Nursing Home Abuse: Physical, emotional, or financial abuse in elder care facilities.

8. Wrongful Death: Claims filed by relatives when a loved one dies due to medical malpractice.

Proving Your Medical Malpractice Claim

The process starts with understanding the statute of limitations in your state, which dictates the timeframe for filing a claim. In California, you generally have up to one year after discovering the injury or a maximum of three years after the injury occurred, whichever comes first. You must also formally notify the healthcare provider at least 90 days before filing a lawsuit.

Filing a Medical Malpractice Suit

Trusting healthcare professionals is a given, but when they fail to deliver safe, responsible care, the consequences can be grave, including serious injuries or even death. If you or a loved one has been injured during medical treatment, you may be entitled to compensation through a medical malpractice claim. Goldfaden Benson, based in San Diego and serving all of California, can help. For a free consultation, call our office at 619-333-5100.

Calculating Damages in Medical Malpractice Cases

Compensation in medical malpractice cases can cover both economic and non-economic damages. Economic damages include medical expenses, lost income, and other financial losses. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may be awarded for particularly egregious conduct. California has recently changed the rules recovery in medical malpractice claims, so it’s important to consult a competent attorney who can assist you. 

Choosing a Skilled Medical Malpractice Lawyer

Medical malpractice cases are complex, requiring expertise in both legal and medical fields. Goldfaden Benson provides expert knowledge and personalized care to each case. We operate on a contingency fee basis, meaning you pay only if we secure compensation for you.
Contact Goldfaden Benson for Assistance
If you believe you or a loved one is a victim of medical malpractice, it’s crucial to act quickly. Contact Goldfaden Benson at 619-333-5100 for a free consultation. We are committed to fighting for your rights and ensuring you receive the compensation you deserve.

“The eye of the law is a human eye that sees with the wisdom of the community."

E.P. Thompson

plan of action

know your rights

If you have been injured by a medical procedure and are unsure of whether or not you are entitled to recovery, contact our office immediately for a free case evaluation. 

We are happy to hear from you. 


Evaluate your situation

Our comprehensive case evaluation will ensure you understand your options and are aware of all available resources.



We will negotiate with the opposing party on your behalf, keeping you informed along the way.


Fight For You in Court

If needed, we will file a lawsuit on your behalf and advocate in your best interest every step of the way.

we are here for you. always.

Please contact our office immediately. 

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