At our firm, it costs nothing out of pocket. We work on a contingency basis, meaning we cover the expensive costs of medical experts and records, and we only get paid if you receive a settlement or award.
Hayward Medical Malpractice
How do you prove a doctor was negligent?
We use expert testimony. Another physician in the same field must testify that your doctor’s actions fell below the acceptable standard of care. This is a technical process that our Hayward medical malpractice attorney team handles from start to finish.
Can I sue for a misdiagnosis?
Yes, if the misdiagnosis was unreasonable. If a Hayward doctor failed to order standard tests or ignored clear symptoms that another competent doctor would have recognized, you likely have grounds for a claim.
Is a “bad result” always considered malpractice?
No. Medicine is not an exact science, and some patients do not recover despite receiving excellent care. To win a medical malpractice case, we must prove that the physician actually did something wrong or failed to do something they should have done.
Do most medical malpractice cases go to trial?
Many cases result in a settlement before reaching a courtroom. However, Stebner, Gertler, & Guadagni prepares every case as if it is headed for trial. This aggressive stance often forces physicians and insurance companies to offer more fair settlements early in...
What if I signed a consent form before surgery?
A consent form is not a "license to be negligent." While you may have consented to the known risks of a procedure, you did not consent to medical staff negligence or surgical errors that fall below the standard of care. You still have the right to sue for malpractice.
How long do I have to file a lawsuit in Hayward?
Generally, you must file within one year of discovering the medical malpractice or within three years of the date of the injury, whichever comes first. There are limited exceptions for children and cases involving fraud, but it is critical to act quickly to avoid...
Can I sue a hospital for a nurse’s mistake?
Yes. Under the doctrine of respondeat superior, hospitals are generally liable for medical staff negligence committed by their employees during the course of their work. If a nurse at a Hayward facility administers the wrong medication, the hospital can be held...
How much is the cap on pain and suffering in 2026?
Following the California legislative updates that began a few years ago, the cap for non-economic damages has increased. As of 2026, the limit for non-death cases is significantly higher than the old $250,000 mark, with a separate, higher cap for wrongful death...
What qualifies as medical malpractice in California?
Legal medical malpractice occurs when a healthcare provider breaches the professional standard of care through an act or omission, and that breach directly results in injury or death. In Hayward, this applies to hospitals, physicians, and other licensed medical staff.


