We have handled medical malpractice cases in San Francisco and just about all the Bay Area counties over the years. Many of these cases have involved Kasier Permanente malpractice, and those cases are heard in a special Kaiser arbitration program, which has its own independent administrator. These are challenging cases, requiring an attorney with great dedication, specialized skills and good connections to highly-qualified expert witnesses.

California's "MICRA" law limits both attorney's fees and the amount an injured person can receive for medical malpractice cases. MICRA limits recovery for "general damages" such as pain and suffering, disfigurement, or even death of a loved one, to $250,000. This limit has been in place since 1975, with no adjustments. MICRA was recently featured in a news story in the San Francisco Chronicle.

Many malpractice cases fall into one of a few categories, such as failure to diagnosis, misdiagnosis, surgical errors, and prescription errors. In addition to proving that the doctor made an error, you must be able to prove that the error caused you harm. If, for example, a doctor negligently missed making a diagnosis, but another doctor made the correct diagnosis and treatment began shortly afterward, there probably would not be a case.

Although we begin work in malpractice cases by getting the facts from our clients and reviewing their medical records, in most cases an expert review is needed to determine whether there is a case. A minority of doctors take on this work as experts, and many of those who do will only accept cases to defend another doctor. Thus your attorney's ability to find and hire the best expert for your case is key. Some cases require more than one expert: one to speak to the malpractice, and another to give opinions on the injury caused by the malpractice.

The statute of limitations, or time limits that apply to medical malpractice cases, are often short. There is a complex law that sets the limitation period for cases, but the time can be as short as six months for a claim against a public medical facility, or one year for claims against a private doctor or facility. You will need a lawyer to analyze the facts of your case and advise you what deadline applies. In most cases, a letter stating your intent to bring a case in court will extend the statute of limitations for 90 additional days.

If you or someone you know has been injured in a California auto accident, click here for a free consultation or call 415-541-0300 to speak to a California auto accident lawyer in San Francisco at Callaway & Wolf.