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San Diego Medical Malpractice Attorneys

Are you in need of a San Diego medical malpractice lawyer? Thousands of people in the United States die each year as the result of medical error. According to a comprehensive and highly regarded hospital study by Harvard University, more than 1 million people suffer injuries each year as a result of mistakes caused by doctors, anesthesiologists, residents, nurses, technicians and malfunctioning medical devices. Medical malpractice also occurs in other settings, such as doctor’s offices or nursing homes. Most of the victims never know their injury was due to medical error. But investigations into such personal injury cases often reveal medical malpractice on the part of doctors, nurses and other health care professionals. Whether failing to timely diagnose a medical condition, inattention to patients, or incorrectly prescribed medications, the results are often catastrophic. Patients suffer injuries ranging from birth defects to brain damage to spinal cord injuries to death. People also contract infections while being hospitalized. If you or a loved were the victim of medical malpractice here in San Diego, contact the experienced San Diego medical malpractice attorneys of the Gomez Trial Attorneys today.

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Gomez Trial Attorneys: Our Medical Malpractice Results

When you suffer serious injuries due to medical malpractice in San Diego, you need an experienced team of attorneys who can work with you to help you achieve the best possible results from your claim. At Gomez Trial Attorneys, we have extensive experience helping our clients deal with medical malpractice claims. Contact us today for a free case evaluation with an experienced member of our legal team.

Our Past Results

San Diego Dog Bite LawyersAt Gomez Trial Attorneys, we have experience representing individuals who have endured medical malpractice incidents, and we take pride in our past successes.

Take a look at some of our past claim results:

  • $105,000,000 awarded because of medical fraud.
  • $8,300,000 awarded in a DePuy hip claim (DePuy hip replacements faced a recall due to high failure rates in 2010).
  • $2,000,000 awarded for product liability claims involving Actos, a popular medication used to treat diabetes.
  • $1,875,000 awarded in a medical malpractice settlement.

The results of these past claims cannot guarantee the results of future medical malpractice claims, including your case. However, when you work with Gomez Trial Attorneys, you can feel confident that the same competent attorneys who handled these claims will bring their skills to bear on yours.

Common Concerns in San Diego Medical Malpractice

San Diego has a relatively young population, with the average age hovering around 35 years. That means that San Diego residents, as a whole, tend to enjoy a wide range of activities, including hiking, biking, and a variety of other outdoor sports.

When that young population suffers serious injuries, injured individuals need to know that they have doctors on hand who will provide them with the high standard of treatment they need to maximize their recovery. Medical malpractice, however, can interfere with that recovery. Misdiagnosis, for example, may make it very difficult for San Diego residents to get quick treatment for their injuries.

Furthermore, young residents may have serious concerns about birth injuries—injuries that occur to either mother or child during childbirth, often because of the negligent actions of the physician attending the birth. Birth injuries can result either because a doctor pushed interventions that neither mother nor child needed during childbirth or because the physician failed to take needed interventions in time to save the mother or child.

Like most other cities in the country, San Diego has seen an increase in its senior population over recent years. This population continues to grow and is based on the average percentage of the population over the age of 65 each year. Those aging residents have a strong need for quality medical care, including medical devices, medication, and providers who know about the changing needs of a senior population. Seniors may need more medical intervention to maintain a high quality of life. When doctors fail to provide elderly patients with the medical care they need, they may experience declining overall health at a much more rapid rate than younger members of the population who receive similar mistreatment.

What Is MICRA?

MICRA stands for Medical Injury Compensation Reform Act, a law passed in California in 1975. This policy aimed to help lower medical malpractice insurance premiums for healthcare providers throughout California by decreasing the funds they might have to pay out if they cause severe injuries to the victim through medical malpractice.

Essentially, California’s MICRA caps non-economic damages for medical malpractice victims at $250,000, regardless of what suffering they might have faced in the aftermath of their injuries. While MICRA does not cap the economic damages that victims can recover, it does limit the compensation they can claim for certain damages, like loss of consortium, loss of enjoyment of life, anxiety or depression, and other pain and suffering related to the accident.

As the victim of serious medical malpractice on the part of a San Diego doctor, you may find yourself incredibly frustrated by your inability to recover non-economic damages for your injuries. Unfortunately, this act applies to all medical malpractice claims in San Diego.

Working with an experienced San Diego medical malpractice attorney, like those at Gomez Trial Attorneys, can make it easier for you to achieve maximum compensation for your injuries and understand the limitations of that compensation under the terms of MICRA and the insurance policies carried by those doctors. MICRA does not impact the compensation paid out for non-economic damages in any other type of personal injury claim, including auto accident claims, premises liability claims, or sexual abuse and assault claims.

Protecting the Victims of Severe Genetic Disorders

California, and three other states in the United States, allows courts to hear a new type of medical malpractice claim: the malpractice that arises when a doctor fails to inform parents, or potential parents, about their risk of having a child with a severe birth defect.

Genetic disorders can impact a child’s life and the parents’ lives permanently. A child with a severe genetic defect may live a life filled with pain or emotional anguish. Genetic disorders can also come at a substantial cost to the entire family, including both financial and emotional costs.

Many couples choose to use genetic testing to predict their likelihood of having a child with a genetic abnormality both before and during pregnancy. These tests can help identify serious health issues that can cause long-term consequences for the entire family. A doctor who fails to provide the family with an accurate report of the child’s odds of serious illness can have a substantial impact on the entire family’s life.

California courts hold that a doctor who fails to provide adequate testing and inform parents about their options may bear liability for a child’s later healthcare costs.

Parents put the future of their children and their entire family in the hands of their doctors. Thanks to modern advances in medicine, they have more options than ever before to predict potential problems as early as possible and make the best possible decisions for their families. When doctors do not provide parents with the information they need to make those choices, this may cause long-term difficulties for the entire family. Now, California offers options that will help hold those doctors liable for failure to inform their patients about the risks and the potential consequences.

WHAT IS MEDICAL MALPRACTICE?

Medical malpractice is the failure of a health care provider to treat and care for a patient with a reasonable degree of expertise and compassion. If a physician was careless, lacked proper skills or disregarded standardized rules, a jury may find the health care provider negligent. If damages resulted from such negligence, monetary compensation may be awarded. Hospitals can be liable for the negligence of their employees, including staff nurses and technicians.

Medical malpractice is common, particularly in hospitals. It can occur during various stages of care, during something as complicated as surgery or as simple as the prescribing of drugs. In fact, a study by the Institutes of Medicine recently found that medication errors occur on average once a day to every hospital patient, resulting in serious injuries and thousands of patient deaths.

Gomez Trial Attorneys has trained attorneys and a wealth of experience in San Diego medical malpractice lawsuits. We have won a litany of large settlements and verdicts in medical malpractice cases. Our medical malpractice attorneys in San Diego employ exhaustive investigation, the latest technology and courtroom experience to insure maximized results.

Gomez Trial Attorneys have had impressive legal victories in various types of medical malpractice cases, including the following:

So, while it is true that California law arguably makes seeking justice, accountability, and compensation from a medical provider more difficult than from, say, a reckless driver, patients represented by a skilled San Diego medical malpractice attorney can still hope to have their claims heard through a fair and just process (albeit one hampered to some degree by a dated non-economic damages cap, as discussed above).

San Diego Medical Malpractice FAQs

Most individuals in our community trust and respect their San Diego doctors, hospitals, and other medical care professionals. Yet, even though these professionals often meet expectations, there are times when they fall short and provide inadequate care that results in devastating injuries and debilitating harm that can permanently impact a patient’s life.

At Gomez Trial Attorneys, we understand that as a victim of a San Diego medical malpractice incident, you may have numerous questions regarding your situation and the legal repercussions you can pursue. That is why in the following Frequently Asked Questions, we want to provide you the answers you need and show you how our law firm can fight for the justice and the compensation you deserve.

What can you tell me about Gomez Trial Attorneys?

At Gomez Trial Attorneys, we consider ourselves a boutique law firm, giving our clients all the attention that they’d get at a small lawyer’s office. However, we fight for our clients with the same resources and tenacity as a high-powered firm, and we have the drive, ability, and resources to obtain the recovery that our clients need. One of our greatest accomplishments is ensuring that we provide our clients with the personalized approach that their case requires.

Our legal team has handled numerous high-profile cases, including the “American Beauty Murder,” which resulted in a $106 million jury verdict. Over the past fifteen years, Gomez Trial Attorneys has collected over $750 million in jury verdicts and settlement awards and has received over 135 awards of more than $1 million each. We have also obtained jury verdicts of more than $1 million, $10 million, and even $100 million.

While these are only past results and can’t guarantee an outcome in all cases, nonetheless, at Gomez Trial Attorneys we hold wrongdoers accountable for their conduct. We make the world a safer place through litigation and we stand by your side every step of the way, ensuring we go after the financial recovery you need.

1. What exactly is a medical malpractice case?

Individuals file a lawsuit against doctors or other medical professions when they feel that the treatment they received, or lack of treatment, resulted in an injury or a loved one’s death. However, medical malpractice cases require more than just not liking the outcome of a procedure.

To bring a successful medical malpractice case, a patient needs to prove that a healthcare professional deviated from the medical standard of care and that deviation resulted in their harm. If this can be shown, then the patient is entitled to collect a financial recovery for the injuries they endured.

2. What are some common types of medical malpractice in San Diego?

Studies from Johns Hopkins Medicine indicate that medical errors are now the third leading cause of death in the United States, with more than 250,000 deaths occurring every year.

Even though there are thousands of medical mistakes that can result in fatalities, the most common types of medical malpractice claims often come from:

  • Surgical errors: This usually occurs when the surgery team leaves a sponge, tool, or another object inside the body during the surgery or operates on the wrong patient or the wrong site.
  • Misdiagnosis: Failing to diagnose a condition or illness is one of the most common medical mistakes. This misdiagnosis can often lead to life-threatening situations that result in catastrophic outcomes.
  • Prescription drug errors: Prescription drug issues often occur when pharmacists, nurses, and doctors make mistakes regarding the patient’s medication dosage, prescribe the wrong medication, or inadequately administer these prescription drugs.
  • Failing to treat a patient: Usually, this error occurs when a physician correctly diagnoses a patient’s condition but then fails to treat them with the acceptable standard of care for that condition. This can include not providing appropriate follow-up care, discharging a patient too soon, or making conditions worse, leading to additional injuries.
  • Pregnancy and birthing errors: When a physician is not mindful of potential complications, both the child and the mother can suffer devastating consequences. Examples of childbirth-related malpractice include failing to monitor or recognize signs of gestational diabetes, misdiagnosis of placental abnormalities, failing to stop excessively long labor or prevent nerve injuries to the baby during delivery.

Quite often, it can be extremely difficult to show that your injuries resulted from medical malpractice. That is why retaining legal representation can be critical in ensuring that your legal rights are protected. When you work with Gomez Trial Attorneys, we can go over your case and work diligently to assess your legal options by figuring out what happened and who was at fault.

3. How can I prove that medical malpractice caused my injury?

Medical malpractice occurs when a doctor, hospital, or medical care professional causes harm to a patient, either through negligent acts or omissions. This negligence can result from errors in treatment, aftercare, or diagnosis.

However, for your injury to be considered medical malpractice, the claim must establish:

  • A doctor-patient relationship: The first thing that a patient needs to establish is that their doctor owed them a legal duty of care because the doctor agreed to treat them and they agreed to be treated by that particular doctor.
  • There was a violation of the standard of care: The standard of care refers to particular standards accepted by the medical profession as being appropriate treatments by reasonably prudent medical care professionals under similar circumstances. Patients have a right to expect that their doctors and other health care professionals will deliver these standards. If they do not, then negligence may be established.
  • Negligence resulted in an injury: Unfortunately, in a medical malpractice case, it is not enough to show that a medical care professional violated the standard of care. A patient must also show that their injury resulted from the professional’s negligence. If there was an injury without negligence or negligence did not cause the injury, then there is no medical malpractice case.
  • Significant damages resulted from the injury: It is essential to realize that medical malpractice lawsuits are costly. Consequently, in a viable case, a patient needs to prove that significant damages resulted from their injuries. Otherwise, the cost of pursuing a case can be greater than the potential recovery. A patient needs to show that their medical malpractice injury resulted in a loss of income, significant pain, substantial medical bills, and even a disability.

Medical malpractice cases are complicated, tedious, and demanding. Our medical malpractice lawyers can not only determine whether you have a viable medical malpractice case, but we can also fight for the maximum compensation the law entitles you to.

4. How much time do I have to file my San Diego medical malpractice case?

The statute of limitations is a law that sets the maximum amount of time an individual has to file a claim for an alleged offense. If the claim is not filed by this deadline, these individuals can be barred from recovering compensation for their injuries.

In California, the statute of limitations for a medical malpractice suit is three years from the injury date or one year after the patient discovers the injury or should have discovered the harm (whichever happens first). However, this statute of limitations rule also contains various exceptions that can ultimately lengthen this deadline. For these reasons, it’s important to speak with the experienced medical malpractice lawyers at Gomez Trial Attorneys as soon as possible. We can help you determine exactly how much time you have to file your claim, as well as help you pursue your case correctly and within the statute of limitations.

5. In San Diego, do I have to provide any notice to the medical care professional that I am filing a medical malpractice case against them?

Yes, anywhere in California, a patient who files a medical malpractice claim must formally notify the potential medical malpractice defendant. Plaintiffs need to send this notification at least 90 days before the lawsuit is filed.

Even though this notice does not require any particular form or format. It does need to inform the defendant of:

  • The claim’s legal basis
  • The types of losses that were sustained
  • The nature of the harm that was suffered

In addition, if the notice is served within 90 days of the expiration of the statute of limitations, the time limit for beginning a lawsuit will extend by 90 days from the service of the notice.

6. What compensation can I recover from a San Diego medical malpractice claim?

Number1Award2019If you have been harmed because of a medical professional’s wrongful or negligent actions, you may be entitled to compensation. This compensation typically includes economic and non-economic damages.

Economic damages: These are the losses that result from the accident that have a specific dollar value attached to them.

They often include:

  • Medical treatments including past, current, and future medical expenses (such as doctor visits, surgeries, medications, and hospitalizations)
  • Lost wages
  • Lost earning capacity
  • Assistive devices, such as wheelchairs
  • At-home nursing care
  • Replacement services
  • Physical or occupational therapy
  • Other out-of-pocket expenses

Non-economic damages: These are more subjective losses resulting from the accident and are not always easy to quantify.

They include:

  • Pain and suffering
  • Emotional anguish
  • Loss of companionship
  • Loss of consortium
  • Loss of a limb
  • Scaring
  • Disfigurement
  • Loss of enjoyment of life
  • Loss of reputation

In California, awards resulting from medical care and wage loss are not capped. However, there are legislation limits that cap the amount of money a patient can receive for their pain and suffering.

Although our legal team cannot guarantee that you will receive a specific amount of compensation for your medical malpractice claim, we can fight hard to secure you every dollar your medical malpractice injury has cost you in financial losses, medical expenses, and personal damages.

7. Why should I contact Gomez Trial Attorneys following my San Diego medical malpractice incident?

Medical malpractice is a highly specialized area of law that requires a thorough understanding of the state’s laws, sound legal arguments, and relevant evidence that can show what happened, who was responsible, and the extent of the harm endured. For these reasons, if you are thinking of filing a medical malpractice claim in San Diego, you need to make sure you discuss your case with an experienced medical malpractice attorney.

At Gomez Trial Attorneys, we understand the complexities of these medical malpractice cases and what we need to do to ensure you get the justice and compensation you are entitled to.

Once you retain our skilled medical malpractice lawyers, we can:

  • Go over your case in detail, explore your legal options, and answer all the questions you have
  • Investigate the accident properly and gather the crucial evidence needed to show fault and damages
  • Bring in the experts that can help substantiate your claims
  • Deal with the insurance companies and make sure that you do not say anything that can hurt your claim while we fight for a fair settlement on your behalf
  • Handle the endless paperwork involved in these medical malpractice cases and ensure they are filed on time
  • Tackle the negotiations with the other side and fight for the best settlement amount possible
  • Take your case to trial and argue it in front of a jury or a judge, making sure to go after maximum compensation

Do not wait to get the legal help you need if medical malpractice disrupted your life. The attorneys at Gomez Trial Attorneys are ready to fight on your behalf, go after the money you need to regain your health, and get you through this horrific ordeal. For more information about medical malpractice claims or to go over your case with one of our knowledgeable San Diego medical malpractice lawyers, contact us today for a free case evaluation.

How can a medical malpractice lawyer help me?

Medical malpractice cases are among the most complex of all personal injury cases. First, they often include the plaintiff; the doctor(s) or other medical professional(s) who committed malpractice, the associated hospital or facility; and all involved insurance companies—making these cases extra challenging. Additionally, California has special guidelines for medical malpractice suits that require additional forms, notices, and paperwork before you can even file a claim.

As a medical malpractice victim or loved one of a victim, you might not realize exactly how an attorney can help you. He or she will do many things to build a case against the doctor and facility associated with your injury, support your case with details and experts, and maximize the likelihood of getting a judgment in your favor.

  • Evaluating your case. Not all injuries in a medical setting are malpractice. Your attorney can evaluate your claim and determine the best path forward given your specific situation.
  • Communicating with other parties. A qualified attorney can handle communications with relevant parties in the case so you can focus on healing and recovery.
  • Investigating the malpractice. Your attorney will uncover the relevant facts about the malpractice you suffered, gather necessary evidence, such as medical records, and talk to witnesses or other patients.
  • Value your claim. Your attorney will quantify your claim based on past experiences and consultations with relevant experts, such as life care planners and other doctors.
  • Negotiating with insurance companies. Doctors and hospitals want to avoid litigation, so they are often open to negotiating a settlement. Your attorney will fight to make sure you get compensation for the full cost of your injuries.
  • Litigating your medical malpractice case. When settlement isn’t an option, your attorney will fight for you in the courtroom.
Attorney John Gomez

John Gomez, Medical Malpractice Attorney

Health care professionals are entrusted to provide the ill and injured with proper medical treatment with appropriate standards of care. Unfortunately, this trust may be broken by negligent or careless actions that worsen an already difficult situation, leading to greater injury and even wrongful death. If you, or a member of your family, have been injured by the wrongful conduct of a medical provider contact the personal injury lawyers at Gomez Trial Attorneys. Gomez Trial Attorneys charges clients with medical malpractice claims on a contingency basis. What that means is the attorney is only paid if he or she wins money damages for you the client.  We will discuss your situation and go over the options available to you, as well as work with insurance companies and other parties involved in your case to make sure all of your needs are handled quickly and appropriately. Contact a medical malpractice lawyer in San Diego today and find out your legal rights and options.


655 West Broadway, Suite 1700
San Diego, CA 92101

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“Kayla handled our case with professionalism and knowledge. She helped us to be a best-case scenario. I would trust her knowledge and experience and highly recommend her. Her staff are also friendly and get back with you quickly. A+!”

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