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Medical Malpractice Lawyers in Monterey County

What Qualifies as Medical Malpractice?

If your doctor or hospital has been negligent in providing adequate medical attention, our attorneys help you seek compensation. When you entrust your well-being to a licensed healthcare provider, you deserve a minimum duty of care.

You may have a case for medical malpractice if:

  • Your doctor has misdiagnosed or failed to diagnose a disease or medical condition
  • You did not receive appropriate medical treatment for a specific condition
  • Your treatment was delayed for an unreasonable period of time

Do not wait to contact our Monterey County medical malpractice attorneys. The statute of limitations restricts the time you have to file your claim. The law also requires that physicians receive 90 days’ notice of the intention of filing the lawsuit, and limits non-economic damages like pain and suffering to $250,000. Your judgment may be further offset by payments you have received from your insurance, government agencies, and other collateral sources.

Speak to a member of our team for a more detailed analysis of your case. The initial consultation is free, and if we take your personal injury case, we will not get paid unless we obtain a favorable verdict or settlement. We bear all the upfront costs of preparing your case for trial and support the hiring of expert witnesses with the pertinent education and training to testify on your behalf.

If you or a loved one has suffered due to the recklessness or negligence of your medical care provider, call the Biegel Law Firm today at (831) 373-3700. We are prepared to help you!

Examples of Medical Malpractice

Medical Malpractice by Gynecologist

We represented a woman who underwent an exploratory laparoscopy, during which her OB/GYN perforated her small bowel—resulting in peritonitis and subsequent surgeries. Monterey Attorney Vicki Schermer-Kleinkopf’s careful review of the medical records uncovered the fact that the doctor had “adjusted” the patient’s chart by adding entries after the surgery to make her performance look above the standard of care. The firm settled this case with both the doctor and the hospital for a substantial six-figure amount, even in light of California’s Medical Injury Compensation Reform Act (MICRA) damage limit.

Medical Malpractice by Orthopedist

Our medical malpractice attorneys in Monterey County have successfully sued an orthopedist who negligently performed hip replacement surgery—resulting in a leg length disparity that caused the client to have to undergo successive surgeries to correct the problem. The case was settled for an amount that the defense attorney initially claimed would never be paid, but it was and the settlement resulted thereafter.

Medical Malpractice by Orthopedist and Hospital

Our client, a professional golfing instructor, was diagnosed with a torn meniscus in his right knee. He underwent a meniscectomy at a local surgery center. When he awoke in the recovery room, he felt something in his left knee. When he removed the blanket, he saw, to his horror, that the doctor and surgery team and operated on the wrong knee. As soon as the error was discovered, the doctor and anesthesiologist were called back to the surgery center and the proper knee was operated on.
Incredibly, the doctor’s defense attorney suggested that our client was better off because his left knee had some slight meniscus tears and thus he was “benefited” by
the error. Our expert witness completely rebutted that silly argument and the case settled for a confidential six-figure amount despite the contention of a so-called benefit to our client.

Dental Malpractice

Our client was diagnosed with a serious malignant tumor in her jaw and had to undergo surgery to remove part of her jaw and replace it with bone from her hip. We investigated the case and found that approximately one year prior to the cancer being discovered, our client had undergone a dental procedure which was preceded by an x-ray study in which the early stages of the tumor were clearly visible, even to a layman. We argued that the dentist completely failed to see the tumor and, had it been correctly diagnosed and treated then, our client would not have had to undergo the serious surgery which resected literally half of her jaw. Supported by expert medical witnesses, we were able to settle the case in our client’s favor after a mediation. The confidential settlement in that case was well into the six-figure range.

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