Medical Malpractice Attorney in San Luis Obispo County

Medical malpractice or negligence occurs when a medical care provider provides services that are "below the standard of care" in the medical community and thereby causes damage to an individual. We have successfully represented plaintiffs in all facets of medical malpractice litigation. We handle cases involving brain and spinal cord damage, obstetrical and pediatric injuries, neurosurgical malpractice, and negligent misdiagnosis, among others.

What is medical negligence/malpractice?

A physician owes a patient the following duties of care:

1. The duty to have that degree of learning and skill ordinarily possessed by reputable physicians, practicing in the same or a similar locality and under similar circumstances;
2. The duty to use the care and skill ordinarily exercised in like cases by reputable members of the profession practicing in the same or a similar locality under similar circumstances, and
3. The duty to use reasonable diligence and his best judgment in the exercise of skill and the application of learning.

A failure to perform any one of these duties is negligence.

A physician is not necessarily negligent because he errs in judgment or because his efforts prove unsuccessful. The physician is negligent if the error in judgment or lack of success is due to a failure to perform any of the duties as set forth above. It is important to understand that there are many risks to various medical procedures, and complications can be considered acceptable consequences under the law. At times, these recognized risks and complications can occur even with the best medical treatment.

When should I consider pursuing a medical negligence claim?

You should consider pursuing a claim when you have a serious injury that will have lasting consequences or cannot be corrected with relatively safe and simple follow-up medical care.

If the injury you have suffered is curable with brief, follow-up medical care, a medical malpractice claim may not be financially practical.

Certainly, if a loved one has been serious injured or died due to what you believe may be medical negligence, the claim should be immediately investigated by an experienced lawyer.

How do I know if I have a medical negligence claim?

This can only be answered after we have a thorough understanding of the relevant medical history. We obtain and review all of the medical records. Then we consult with an expert medical doctor to determine whether negligence caused the injury or death.

Retaining an expert early in the proceedings is important. At trial, the jury is told that they must determine whether malpractice occurred from the opinions of the physicians who have testified as an expert witness.

How long do I have to file a medical malpractice claim?

Generally, in California you have three years from the malpractice or one year from the date that malpractice should have reasonably been discovered, whichever occurs first. Further, a notice of intent to sue must be served on each health care provider 90 days before the lawsuit is filed. This is a very complicated area of law and legal representation must be retained to properly advise you and protect your interests.

Jeffrey D. Stulberg • A Law Corporation