Medical Malpractice

Bakersfield Medical Malpractice Lawyer

We focus 100% of our time representing injured Bakersfield residents.

In the year 2000, the medical community was rocked when data published by the Institute of Medicine Committee on Quality of Health Care in America revealed that medical mistakes are a leading cause of death in America. Frequently referred to as “preventable adverse events,” medical mistakes are often caused by the negligent or reckless actions or inactions of healthcare providers and hospital administrators. This is not to say that all – or even most – medical mistakes are made with ill-intent. On the contrary, fatigue, distraction, technical errors, overwork, and other causes of mistakes in all American industries lead to negligent or reckless missteps that can result in patient harm. Whether a healthcare provider and/or facility can be held legally accountable for a medical mistake resulting in patient harm depends upon the unique circumstances leading up to that mistake. Our experienced legal team has the knowledge, work ethic, and resources required to determine “what happened” in a medical mistake scenario and to determine whether any specific set of circumstances provide an injury victim with grounds to file legal action against those responsible for the harm they’ve suffered.

Too often, patients are hesitant to explore their legal options because they aren't sure whether or not a medical mistake occurred and ultimately caused their harm as a result. This uncertainty is understandable, as patients are often unconscious, in surgery, or otherwise not in a position to understand everything that is happening to them while they're being treated. However, patients shouldn’t let uncertainty keep them from exploring their legal options, in the event that they might be entitled to compensation as a result of medical negligence. It isn’t your job to know for certain whether you have grounds to file a legal case. That’s our job. It is therefore important to speak with an experienced personal injury attorney who regularly handles complex medical negligence cases before you make any assumptions about whether or not a medical mistake may have contributed to the harm you've suffered. After your case has been reviewed and you have received personalized guidance in a no-cost, risk-free consultation setting, you’ll be empowered to make a decision about whether or not you would like to pursue legal action against those who may have contributed to your harm.

Client-Focused Advocacy for Victims of Medical Negligence

Our firm is very proud to advocate on behalf of the rights of injured patients. We use a client-focused approach to representation that is time-tested, efficient, and effective. As a result, our firm has earned a reputation as knowledgeable, effectual legal advocates who seek the maximum amount of compensation to which our clients may be entitled and who secure that compensation as soon as is possible under the circumstances.


With that said, medical malpractice cases tend to be complex and each is unique. We will need time to investigate the circumstances that led to your injuries. As a result, it is critically important that - even if you are unsure of whether you have grounds to file legal action at this time - you schedule a no-risk, no-cost case evaluation with our experienced legal team as soon as possible. Acting now will empower us to begin exploring your legal options and protecting your rights as quickly as possible. If and when you commit to filing legal action, we will need some time to build a strong case on your behalf. We will need time to review any settlement offers that have been extended to you and we will need time to negotiate with insurance company representatives to ensure that any insurance awards that are extended your way or fairly valued. Before the bills associated with the harm you have suffered begin to pile up and become unmanageable, allow us to determine whether or not you are entitled to compensation so that we can get to work protecting your rights as an injury victim. The last thing we want is for you to be unjustly burdened by the financial consequences of somebody else’s negligent, reckless, or intentionally dangerous behavior.


Building a Successful Medical Malpractice Case

Personal injury cases must progress in much the same ways in order to be successful. Essentially, any injury victim (whether they have been involved in a car accident, been injured by a defective product, or suffered a brain injury while playing a contact sport) needs to prove that they were owed a duty of care under the law and that the harm they suffered was directly caused by a breach in that duty of care. Most of the time, evidence that someone’s negligent, reckless, or intentionally dangerous actions or inactions caused an injury victim harm lays the foundation for a strong personal injury claim.

Successful medical malpractice cases are a little different. Physicians, nurses, and other health care providers are generally only considered liable for patient harm in the event that they deviate from a specific standard of care applicable uniquely to the medical profession. Specifically, providers owe their patients a duty to provide them with treatment to the same degree of skill, diligence, and care as expected of reasonably competent healthcare providers under the same or similar circumstances. This means that even if a healthcare provider was negligent in the exercise of their duties, if they did not deviate from this professionally recognized standard of care, they may not be held liable for their missteps.


This is one of the many reasons why it is important to work with a personal injury attorney who has extensive experience with medical malpractice cases specifically. Not every personal injury attorney handles these cases regularly and is therefore intimately familiar with the standards of care uniquely applicable to physicians, nurses, and other healthcare providers. When it is your future that is at stake, you need an advocate by your side who understands this complex area of law inside and out. Our firm has the extensive experience and foundational legal knowledge required to advocate efficiently and effectively on behalf of medical injury victims. There may be no way for you to know for sure whether you have grounds for legal action before we investigate the unique circumstances that led to your medical complications. That’s okay. If and when we determine that your medical providers deviated from the lawfully accepted standard of care owed to their patients, we will build a case that is as strong as it can possibly be on your behalf.

Common Medical Mistakes

Medical malpractice and medical mistakes happen with alarming frequency. However, it’s important to remember that in order to bring successful legal action, a patient must be able to prove that not only did the offending health care provider deviate from the legally accepted standard of care as explained above, they must also be able to prove that significant harm resulted from that mistake. For example, if a physician orders that a blood panel be drawn for a patient and that blood is not ever taken, that is a medical mistake. However, if no harm results from the fact that a blood sample was never processed, the patient will not have cause to hold anybody responsible for mistreatment.

Some of the most common medical mistakes that result in significant patient harm include:


  • Failure to diagnose
  • Delayed diagnosis
  • Premature discharge from an emergency department or patient care facility
  • Prescription mistakes, including incorrect medication and incorrect dosing
  • Wrong-site surgery
  • Unnecessary surgery, tests, labs, and procedures
  • Misinterpretation or unjustified dismissal of tests or lab results
  • Failure to order tests, labs, or treatments
  • Surgical errors, including anesthesia mistakes
  • Inadequate follow-up care
  • Disregarding the patient’s medical history
  • Failure to prevent known drug interactions
  • Failure to obtain informed consent
  • Failure to recognize symptoms
  • Improper or incompetent treatment


Responding to Communication Requests

If you are contacted by an insurance claims adjuster, an attorney representing a party that may have caused you harm, or a hospital administrator, it is going to be important for you to avoid speaking with them until you have spoken with an experienced medical malpractice attorney. Anything you say at this point could unintentionally affect the outcome of your case. Even if you aren't sure whether or not you want to file legal action at this time, it is far better to preserve your legal options by remaining silent until you have reviewed your case in a no-cost, risk-free, confidential consultation setting. It is possible that you have already been approached by an insurance claims adjuster, attorney representing someone involved in your care, or a hospital administrator. If this is the case, please alert us to this fact and, with your permission, we will contact them on your behalf. We understand how to speak with these professionals in ways that won’t unintentionally damage your case down the line.


Settlement Considerations

If you have already been offered a settlement, do not accept that settlement until it has been reviewed by an experienced member of our legal team. Unfortunately, initial settlement offers are not always fairly valued. Sometimes they are, however it is better not to “roll the dice” by assuming that a compensation amount reflects the true value of your case. It is possible that you will be offered a fairly valued settlement by an interested party in an effort to avoid a public relations problem and protracted litigation. However, it is also possible that you will be extended a settlement offer that is undervalued in the hopes that you will remain unaware of the true value of your case and will therefore accept the settlement in an effort to move on with your life. Either way, it is important to protect your rights and preserve your legal options by not accepting any settlement offers extended to you until they have been thoroughly reviewed by a legal advocate who has nothing but your interests at stake.

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Preparing for Your Consultation


If you take a little time to prepare for your consultation, you will better ensure that you leave our office empowered to make informed decisions about your legal situation. First, you’ll want to write down any questions that you may have or concerns that have been raised in the wake of experiencing medical complications. Making this effort now will ensure that you don’t spend any portion of your consultation wondering what you wanted to ask our team. Additionally, it will be very helpful if you bring along any medical records, photographs, videos, and healthcare provider contact information relevant to your legal concerns. This information will help us get a better sense of your situation as a whole right away. The more information that we have access to during the consultation phase, the more informed we can be when assessing your legal options and providing you with personalized legal guidance tailored specifically to your situation. The ability to make informed decisions starts with gathering relevant information.

Contact Our Firm Today for a Free Case Evaluation


If you haven’t already scheduled a free, risk-free, confidential consultation with our legal team, please do so today. The law only allows you so much time to file legal action before you will be barred from seeking compensation related to the harm you have suffered. Even if you are unsure of whether a medical mistake has contributed to your medical complications and even if you are unsure of whether or not you want to file legal action at this time, it is far better to be safe than sorry by exploring your legal options with the existence of an experienced legal advocate. That way, you will never have to wonder what might have been, had you only clarified your situation with the help of a knowledgeable professional. We look forward to speaking with you.

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