San Bernardino
Medical Malpractice
Lawyer

This track record of success has been built with in-depth investigation of what happened to patients during their hospital stay or emergency room visit, persuasive negotiations with hospital and clinic insurers, and aggressive litigation techniques that resonate with judges and juries alike.

You can put our experience, expertise and record of excellent results on your side by contacting Kampf, Schiavone & Associates to secure your initial consultation. Reach us by toll-free phone or email. We can come to your home or hospital room if your medical condition prevents you from traveling.

Cases Our Firm Accepts

The attorneys at Kampf, Schiavone & Associates are proud to offer comprehensive and compassionate legal representation to clients facing a wide variety of cases. We have handled all manner of medical malpractice claims on behalf of our clients throughout the Los Angeles and San Diego areas. We are eager to put this experience to work in your medical malpractice case.

Our compassionate Southern California lawyers protect the rights of hospital patients who have been victimized by medical malpractice including:

• Failure to diagnose. Doctors must use reliable diagnostic tools and methods to arrive at timely and accurate diagnoses for their patients. If a doctor fails to diagnose a patient due to an incomplete or unacceptable diagnostic approach, the doctor jeopardizes the patient’s health and is liable for medical malpractice if their failure results in harm to the patient or a delay in care.
• Delayed diagnosis or misdiagnosis. Medicine may be uncertain at times, and doctors must rely on the process of elimination when determining a patient’s condition based on their identifiable symptoms. If a doctor takes an unreasonably long time to diagnose a patient or provides an incorrect diagnosis, this could easily constitute medical malpractice if the delay or error results in patient harm.
• Pharmacy and medication errors. Pharmacists have a responsibility to fill prescriptions correctly when it comes to medication type, name, brand, strength, and dosage. When a pharmacy makes an error with a patient’s medication, such as giving them too strong or too weak of dosage, they are liable for malpractice if the patient endures harm due to the error.
• Birth injuries. Medical professionals who assist in childbirth procedures must use the utmost care and attention to prevent injuries to newborn children and their mothers. If a doctor or nurse injures a baby and/or the baby’s mother during childbirth, this may cause long-term damage or even death to one or both of the patients.
• Surgical errors. Operating on the wrong body part, leaving surgical instruments and gauze inside of a patient’s body, or making any other error during surgery may cause severe medical repercussions to the patient. A surgeon or surgical assistant who makes an error that harms a patient in any way that necessitates further treatment is liable for medical malpractice.
• Post-operative errors. Doctors and surgeons must provide accurate post-operative instructions and appropriate post-operative care to patients after surgery. Failure to provide appropriate post-operative care can easily lead to harm to the patient and liability for medical malpractice on the part of the responsible medical professional.
• Anesthesiology errors. Anesthesia allows patients to undergo procedures they couldn’t possibly withstand while conscious. However, anesthesia can be incredibly damaging or even deadly when used negligently. When an anesthesiologist harms a patient due to an incorrect dosage or other mistake, they commit medical malpractice.
• Emergency room errors. The emergency room can be an incredibly hectic place for any healthcare professional, but they must still exercise proper judgment even during high-stress situations. An emergency room error could lead to a patient receiving ineffective or unnecessary treatments, delays in the patient’s recovery, or other adverse outcomes.

Medical malpractice can cause a patient to need additional surgeries or other treatments, expand their medical expenses, or exacerbate prior injuries and illnesses. After suffering the physical effects of medical malpractice, a patient may not be able to return to work for much longer than they expected, suffering compounded financial burden due to their lost income. It’s vital to seek legal counsel after experiencing medical malpractice to secure the compensation you need to recover from these and other losses.

Succeeding With a Medical Malpractice Claim

The determining factor in virtually every medical malpractice lawsuit filed in San Bernardino is the standard of care, or the level of treatment the plaintiff should have received from a competent, reasonable doctor given their situation. The plaintiff’s attorney must prove the defendant in the claim failed to exercise reasonable care and did not meet the appropriate standard of care for the patient’s condition and identifiable symptoms.

Before filing a medical malpractice lawsuit in California, your attorney must serve the healthcare provider with a Notice of Intent to Sue at least 90 days in advance, as required by California Code of Civil Procedure section 364. This notice period often opens the door to early settlement discussions before a lawsuit is even filed.

Seek Legal Representation as Soon as Possible

California law gives medical malpractice victims three years from the date of injury, or one year from when the injury is discovered, whichever comes first, to file a lawsuit, under California Code of Civil Procedure section 340.5. This is different from the standard two-year deadline for most other personal injury claims, so it is important to speak with an attorney promptly to determine which deadline applies to your case. While this sounds like a long time, it’s best to start building your case as soon as possible while your evidence is as fresh and accessible as possible. The sooner you begin building a medical malpractice claim, the sooner you can reach a conclusion with your case and obtain the compensation you need to recover from your losses.

Your attorney may require input from consulting expert witnesses who can provide specific professional insights into your claim. Your case may also require testifying expert witnesses to explain your situation to the court from a neutral professional’s perspective. Finding the right attorney for your medical malpractice claim will mean access to a wider variety of reliable experts who might contribute to your case’s success.

Medical malpractice cases are more time-consuming and expensive to prosecute that ever before. We are extremely selective in the medical negligence cases we accept – but if we commit ourselves to yours, we use every weapon in our arsenal to achieve the maximum compensation you deserve for lost income, medical expenses, emotional trauma and physical pain and suffering.

The San Bernardino medical malpractice attorneys of Kampf, Schiavone & Associates offer consultations and a contingency fee basis for our quality legal services. You owe no attorney fee unless we win your case. Contact us. Call toll free – 866-583-1856. Se habla español.