Santa Rosa Medical Malpractice Attorney
Proven Santa Rosa Medical Malpractice Attorney Ready To Assist You
When you go to the doctor or visit the hospital, you expect to be treated by medical professionals who have the training, skill, and experience necessary to accurately diagnose your condition and develop a treatment plan focused on helping you recover as safely and quickly as possible. If that trust is broken, a Santa Rosa medical malpractice attorney can help you understand your legal options. We trust doctors to provide reliable medical advice and do things we cannot do ourselves, and the law entitles us all to expect a certain standard of care.
Doctors, nurses, hospital administrators, and other medical professionals sometimes make mistakes, and unfortunately, these errors occur more often than many realize. In fact, a 2016 study by Johns Hopkins Medicine found that medical errors have become the third-leading cause of death in the United States. This statistic only accounts for reported cases of medical malpractice, and many mistakes go unreported, leaving countless patients and their families without the compensation they deserve. If you or a loved one has been affected by a medical error, a skilled medical malpractice attorney in Santa Rosa can help fight for your justice and secure the fair compensation you need to move forward.
Medical Malpractice Claims in Santa Rosa: Key Points for Patients
A Santa Rosa medical malpractice attorney can help you understand whether a medical mistake gives you the right to compensation. Here is what patients and families should know.
Key Takeaways
- Malpractice turns on the standard of care. Providers can be liable when they fail to meet the standard for their role, which differs for general practitioners, specialists, nurses, and hospitals.
- Deadlines are short. California generally allows one year from the date you discovered, or reasonably should have discovered, the injury caused by malpractice.
- Partial fault does not bar recovery. Under pure comparative fault, a patient found 10% at fault for their own harm can still recover 90% of their damages.
- Economic damages are not capped. Lost wages, medical expenses, prescription costs, and therapy costs can be recovered in full, while non-economic damages are subject to limits under California law.
Top 100 Trial Lawyer for Medical Malpractice Claims
If you suspect medical malpractice, we encourage you to contact us promptly to discuss your legal rights. You do not need to know if you have a claim. California’s medical malpractice laws are complicated. It takes significant legal experience to know whether a medical mistake rises to the level of malpractice that you can get compensated for. Santa Rosa medical malpractice lawyer, Michael Henderson has been practicing medical malpractice law in California for more than 30 years. He will provide you with a thorough case assessment, and if it appears that you have a claim, he will work tirelessly to win the compensation that you deserve.
“Mr. Henderson, upon first meeting him was very thorough and . . . made sure to never over-promise [or] under-deliver. Although my case resulted in a favorable settlement[], I have no doubt this was more to do with whom I chose as my representation . . . Mr. Henderson. I would advise anyone looking for a candid, detail-oriented, and trustworthy [attorney] to look no further than Henderson Law.”
Trusted a Doctor and Got Hurt? You Deserve Answers.
When medical care causes harm, it can leave you in pain, uncertain, and overwhelmed by legal questions. You do not need to know whether you have a claim. Henderson Law will listen, review what happened, and give you a thorough, honest assessment.
Let’s Discuss Your CaseWhat Constitutes Medical Malpractice in California?
In California, all medical providers are subject to a “standard of care.” When a provider fails to treat a patient consistent with the expectations set by the applicable standard, it can be held liable for medical malpractice. Under California law, the applicable standard of care depends on the nature of the service being provided (e.g., there are different standards for general practitioners, specialists, nurses, and hospitals), and assessing your rights starts with understanding the standard of care that applies to your situation.
Mr. Henderson brings decades of experience to representing patients and families in medical malpractice cases in the Santa Rosa, CA area. He has particular experience in cases involving:
- Birth Injuries
- Doctor and Hospital Errors
- Failure to Diagnose
- Failure to Treat
- Surgical Errors
Regardless of what you believe may have happened – or even if you aren’t sure – we encourage you to give us a call. There is too much at stake for you not to speak with an experienced Santa Rosa medical malpractice lawyer, and Mr. Henderson will be happy to personally provide a free assessment of your legal rights.
Let’s Help You Find Justice and Healing – Contact Us
What You Need to Know About Damages
If your claim for medical malpractice succeeds in California, you will receive certain types of monetary compensation for your harm or damages. Here are some important things to know about damages in our state.
Doctrine of Pure Comparative Fault
Luckily for victims, California follows the doctrine of pure comparative fault. This allows victims to recover damages even if they are partially at fault for their own harm. For instance, let’s say that Sally suffers from acute back pain and her doctor told her to go on bed rest for at least two months. But Sally gets antsy and goes on a walk at week six. She did not follow medical advice 100%. Now her pain is worse and she needs surgery. But the physician makes an error during surgery, which results in Sally having partial paralysis. The court could hypothetically find that Sally is, say, 10% at fault for her own injury.
Under pure comparative fault, Sally would still be able to recover 90% of the damages that she suffers. The court would simply subtract the 10% that she was found to be at fault. Some states that do not follow this rule would refuse to allow any damage recovery if the victim is more than 49% at fault for their own injuries, and some states do not allow any recovery at all if the victim is even 1% at fault for their own injuries. So for our state, that is the good news.
Meet Our Santa Rosa Medical Malpractice Lawyer
Michael Henderson has been honored as a member of the National Trial Lawyers Top 100 Injury Trial Lawyers for 2016 and 2017.
He also served as President of the Consumer Attorneys of Sonoma County, the local chapter of the statewide trial lawyers association.
Michael was inducted into the Order of the Coif, a prestigious national honor society recognizing excellence in legal education. He graduated in the top 2% of his class, earning his Juris Doctor degree from McGeorge School of Law in Sacramento, California, in 1994.
Michael dedicates his practice to representing individuals affected by personal injuries, hostile work environments, and family disputes. Known for his compassionate approach, commitment to justice, and skilled representation in settlements and trials, he strives to protect his clients’ rights and interests. He lives in Santa Rosa, California, with his wife and three. children.
Medical Malpractice Caps
Now for the not-so-good news. California is one of 31 states that has enacted caps on recovery for medical malpractice claims. Non-economic damages are capped at $250,000. The good news is, that economic damages are not capped.
Economic Damages
These damages are tangible, straightforward, and easily calculable damages because they are based on expenses that can be tracked or proven by receipts and invoices. These damages include:
- Lost wages from loss of a job or work hours
- Medical expenses
- Prescription drug costs
- Cost of therapy
Non-economic Damages
Non-economic damages are less tangible or easily measured. They do not represent actual expenses but are meant to compensate victims for:
- Pain and suffering
- Loss of enjoyment of life
- Loss of marital relations or consortium
California allows for punitive damages to punish defendants for severe misconduct. However, these damages are considered non-economic because they are not directly tied to specific expenses like receipts or invoices. The state has a cap of $250,000 on the total amount of non-economic and punitive damages combined. This rule has been challenged recently, but it remains in effect.
Not Sure If It Was Malpractice? Let’s Find Out Together.
California’s medical malpractice laws are complicated, and it takes experience to know whether a medical mistake qualifies. Talk with a Santa Rosa medical malpractice attorney for a free assessment of your legal rights.
California Medical Malpractice FAQs
Q: What kind of medical situations can constitute malpractice?
It’s important to understand that not all medical situations that end differently than desired are always the result of malpractice. Generally speaking, to have a medical malpractice case, the following aspects must be demonstrable:
- There was a clear doctor-patient relationship.
- Some or all of the doctor’s actions, while working within the parameters of that relationship, can be classified as negligent.
- This negligence is directed related to injuries or inflictions suffered by the patient.
- The patient’s injury or infliction is responsible for damages that have also caused suffering.
Even if you aren’t sure if your case includes one or all of these medical malpractice characteristics, reach out to our Santa Rosa medical malpractice lawyer today – you may still have a case!
Q: What are some of the most common medical malpractice claims?
As we mentioned already, malpractice is rampant in the medical industry. But, the most common claims may not include what you’re thinking. Notably, here is what some of the most commonly reported malpractice cases involve:
- Surgery performed on the wrong person
- Surgery performed on the right person, but on the wrong side
- Errors with prescriptions
- Failing to disclose all potential risks with procedures and use of medical devices
- Leaving foreign objects inside of patients
- Many more
Q: How long do I have to file a medical malpractice claim?
In California, the statute of limitations for medical malpractice claims is generally one year from the date you discovered, or reasonably should have discovered, the illness or injury caused by the malpractice. However, certain exceptions may apply, so it’s important to act quickly and consult a lawyer to determine if you have a valid claim.
Q: How much can I recover for medical malpractice in California?
Under California law, there are no limits on the amount you can recover for medical expenses and lost wages resulting from medical malpractice. Damages for pain and suffering are limited to $250,000.
Q: What should I do for the treatment of an illness or injury resulting from medical malpractice?
We understand if you are concerned about seeing another doctor after suffering an illness or injury due to medical malpractice. If you are not sure where to turn for treatment, we will be happy to provide you with a referral.
Q: If I file a medical malpractice claim, will I have to go to court?
While some medical malpractice cases go to court, most are settled through the provider’s malpractice insurance. If we receive a settlement offer in your case, our experienced Santa Rosa medical malpractice attorney will guide you in making an informed decision about whether to accept the offer or move forward with the trial.
Wondering If You Have a Medical Malpractice Case? Let’s Talk
To find out if you are entitled to financial compensation for medical malpractice, schedule a free case assessment at Henderson Law in Santa Rosa, CA. Call to schedule an appointment with our team, Michael Henderson, or send us your contact information online and we will be in touch as soon as possible.
Other Injury Cases We Handle in Santa Rosa, CA
Our experienced attorney also handles other cases, such as:
- Car Accidents
- Wrongful Death
- Slip and Fall Injury
- Pedestrian Accidents
- Dog and Animal Attacks
- Insurance Claim Denial
- Motorcycle Accidents
- Truck Accidents
- Bicycle Accident
- Construction Accident
- Product Liability
- Brain Injury
Henderson Law proudly serves the Santa Rosa, CA area and surrounding locations, including Sonoma County, Petaluma, Rohnert Park, Windsor, and Healdsburg.
Local Resources for Patients Harmed by Medical Care in Santa Rosa, CA
Patients who believe they were harmed by medical care may want to check a provider’s license, file a complaint, get help with a health plan dispute, or get a second opinion. The following official resources and local hospitals can help Santa Rosa patients.
1. Checking a Doctor’s License or Filing a Complaint
Medical Board of California
- Central Complaint Unit: 1-800-633-2322
- Licenses and disciplines physicians (M.D.s) in California. You can look up a doctor’s license status and any public disciplinary history online. Complaints generally must be filed in writing, by mail, fax, or online.
- License lookup
- File a complaint
2. Complaints About Hospitals and Health Facilities
California Department of Public Health, Licensing and Certification, Santa Rosa District Office
- Phone: (866) 784-0703
- Investigates complaints about licensed health facilities such as hospitals, nursing homes, and clinics. Complaints can also be filed online.
- Official website
3. Health Plan Disputes
California Department of Managed Health Care (DMHC) Help Center
- Phone: 1-888-466-2219 | TDD: 1-877-688-9891
- Helps patients with HMO and health plan problems, such as denied treatment or delayed care. It can also arrange an Independent Medical Review of a denied service.
- File a complaint
4. Follow-Up Care and Second Opinions
Providence Santa Rosa Memorial Hospital
- 1165 Montgomery Drive, Santa Rosa, CA 95405
- Phone: (707) 525-5300
- A local option for follow-up treatment or a second medical opinion.
- Official website
Sutter Santa Rosa Regional Hospital
- 30 Mark West Springs Road, Santa Rosa, CA 95403
- Phone: (707) 576-4000
- Another local option for follow-up care or a second opinion.
- Official website
Tip: Request copies of your complete medical records, including test results, imaging, and billing statements. Keep a written timeline of your treatment, symptoms, and conversations with providers.
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