Oakland medical malpractice

No. We provide free, confidential consultations for all potential clients. We will give you a direct, honest assessment of your legal options without any upfront cost to you.

The best way to find out is a free consultation. We will review your medical records and consult with specialists to determine if the care provided met California’s legal standards.

Because these cases are highly technical, they often take 18 to 36 months to resolve. Our firm uses the discovery process to aggressively gather evidence and move the case toward a resolution as quickly as possible.

A pre-existing condition does not excuse medical malpractice. If a provider's negligence made a condition worse or caused a new injury, they are still responsible for the damages caused by their error.

California law requires a qualified expert to testify that the provider’s actions were negligent. At Stebner, Gertler, & Guadagni, we maintain relationships with top-tier medical specialists to provide the technical authority needed to win.

A physician must explain the risks and benefits of a procedure before performing it. If a doctor fails to disclose a significant risk and that risk occurs, it may be the basis for a malpractice claim even if the procedure was performed correctly.

Yes. If the doctor was an employee of the hospital, the hospital is generally liable. Even if the doctor was an independent contractor, the hospital may be liable for "negligent credentialing" if they allowed a doctor with a history of errors to practice there.

While economic damages (medical bills, lost wages) are uncapped, California limits "noneconomic" damages (pain and suffering). As of 2026, these caps are $470,000 for injuries and $650,000 for wrongful death, with annual increases scheduled until 2033.

You must prove three things: that a doctor-patient relationship existed, that the provider breached the "standard of care" (did something a reasonably competent provider wouldn't have done), and that this breach directly caused physical or financial harm.

Generally, you must file a claim within one year of discovering the injury, or within three years of the date the injury occurred, whichever comes first. Because the rules for "discovery" are complex, you should consult an attorney immediately if you suspect an error.