Medical Malpractice

Compassionate and Aggressive Personal Injury Attorney Serving People in the San Francisco Bay Area Counties

Biggs Law Office A.P.C., will evaluate your case at no cost and if we take your personal injury case we will not charge an attorney fee unless there is a recovery and you get compensation.

There have been numerous incidences of patient neglect at the Veterans Administration hospitals and harms occurring at other health care facilities and hospitals throughout the bay area counties caused by bureaucrats and poorly managed patient care. If you have suffered injuries as a result of your health care provider’s negligence, you may be entitled to compensation. San Francisco medical malpractice lawyer Michael S. Biggs of Biggs Law Office A.P.C. takes pride in representing ordinary people who have been mistreated. Michael is the aggressive personal injury lawyer whom you need in your corner to help you seek the justice that you deserve. He is ready to battle insurance companies, bureaucrats, and other entities that do not have your best interests in mind.

Contact us now to have your case evaluated and find out what your rights to compensation may be. We offer a fast response and flexible office hours. We look forward to representing you.

Taking Legal Action Under California’s Medical Malpractice Laws

When it comes to procedural rules like the statute of limitations, medical malpractice claims are complex in California. For example, the state recognizes the discovery rule, which is a legal doctrine that tolls the statute of limitations until the time when the patient discovered or reasonably should have discovered that their injuries resulted from malpractice. Calculating the statute of limitations and knowing when it may run is a critical component of any malpractice claim and something that requires a knowledgeable lawyer’s advice.

When it comes to proving that you are entitled to compensation, the plaintiff must show that the medical professional failed to provide an appropriate level of care. This standard is adapted from ordinary negligence but takes on certain unique aspects of the medical profession. In California, medical professionals are required to use the same generally approved practices that other medical professionals in their field of expertise would use when providing treatment to a patient with a similar condition. This standard also takes into consideration the patient’s age and other demographics. Under California law, the term “treatment” is interpreted broadly to include every stage of the medical process, ranging from consultation to diagnosis and follow-up care.

With the assistance of a medical malpractice attorney, victims in the San Francisco area must show that the defendant’s incompetent conduct was the cause of the injuries that they sustained. This usually involves retaining an expert witness to show exactly what the defendant did wrong and how a chain of events led from their lapse to the harm that the patient suffered.

One of the most complex aspects of a California medical malpractice case is calculating damages. There are caps, or limits, on the amount of compensation that a plaintiff can receive for certain categories of damages. For example, there is a $250,000 cap on non-economic damages in medical malpractice actions, which include forms of harm like pain and suffering and loss of enjoyment of life, as well as a spouse’s loss of consortium. Economic damages are not capped, however, which means that a victim can receive full compensation for any medical expenses that they needed to incur to address the results of the malpractice. They also can recover full compensation for any lost income or earning capacity caused by their injuries.

Enlist a Tenacious Medical Malpractice Lawyer in the San Francisco Bay Area

At Biggs Law Office A.P.C., your case will receive the personalized and compassionate attention as well as the energetic legal advocacy that it deserves. When it comes to fighting for you in the courtroom, San Francisco medical malpractice attorney Michael S. Biggs will do what it takes to protect your rights and advance your interests. He can sue negligent health care provider’s in state court and the Veterans Administration Hospital in federal court. Some negligence claims against health care providers such as those against Kaiser must be brought through arbitration. With offices located in San Francisco, and San Rafaelwe assist medical malpractice victims throughout San Francisco, Contra Costa, Alameda, Marin, Sonoma Napa and Solano Counties. Call us now at 415-789-5823 or contact us online to set up a no cost consultation. We also can assist people who need a nursing home negligence attorney or representation in other personal injury claims.