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Medical Malpractice Attorney

Medical providers and institutions are expected to provide a certain level of care for their patients.

Sadly, there are cases in which doctors and other medical professionals act negligently, causing serious injury or wrongful death.

If you have been injured by a medical provider, speak with a medical malpractice attorney at Bennett Johnson, LLP, in Oakland, CA.

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What Is Medical Malpractice?

Medical malpractice is defined as the failure of a healthcare practitioner to maintain the recognized standard of care in treating a patient. The standard of care is how a reasonably able and judicious healthcare practitioner would act under those specific circumstances. However, California medical malpractice law is rather broad in its definition of “treatment” when determining whether a case is grounded in negligence.

More than $500,000,000 in Client Awards

We have helped clients win over $500 million since we began handling personal injury cases in 1981.

Requirements for a Medical Malpractice Claim

In order for your malpractice case to be successful, it must meet several requirements.

Doctor-Patient Relationship

First, you must prove that you and your healthcare provider had entered into a doctor-patient relationship. This relationship begins when a medical professional agrees to or provides an examination, diagnosis, or treatment.

Breach of Duty of Care

The plaintiff must also prove that the healthcare provider breached the duty of care, acting differently than another reasonable provider would have in that situation.

Medical Errors Resulted in Injuries

Finally, plaintiffs must prove that as a result of the error, they suffered significant harm. One of the most difficult factors to prove is that the medical provider's mistake caused the injury you suffered.

Why Work with a Medical Malpractice Lawyer?

Medical malpractice claims can be complicated and costly, involving one or more providers, insurance companies, and possibly the hospital or facility you were treated in. It is essential that you do not try to take these cases on alone. Consult a medical malpractice lawyer at our law firm for help with your case.

We Have a Network of Medical Experts

We have established a network of medical professionals we can call on to provide expert testimony. These individuals can be invaluable in proving that the negligent healthcare provider acted in a way that was inconsistent with what another experienced, reasonable provider would have done.

We Build Strong Evidence

Our attorneys can thoroughly investigate your claim and provide you with strong legal representation against medical providers, hospitals, and their insurance companies. We can gather evidence to build your case and establish negligence by the medical professional that treated you.

We Aren't Afraid to Go to Court

Medical malpractice claims typically go to court more often than other types of personal injury claims. A settled medical malpractice claim may affect a doctor's reputation and increase liability insurance rates. You not only need a medical malpractice lawyer with extensive experience, but you also need an aggressive trial lawyer.

We Have a History of Success

The attorneys at our law firm have a successful track record with medical malpractice cases. Our trial lawyers will prepare a strong case against the doctor and insurance company in court whenever necessary to get you the compensation you deserve. We have helped clients win over $500 million since we began handling personal injury cases in 1981.

How Common Is Medical Malpractice?


The fact that medical malpractice is the third leading cause of death in the United States, just behind heart disease and cancer, is sobering. In addition, every year, medical malpractice costs taxpayers billions of dollars. (According to a John Hopkins University study reported in 2016, which analyzed eight years of data.)

Contact Our Law Firm
Meet with Our Medical Malpractice Lawyers

Our medical malpractice attorneys can thoroughly investigate your claim and provide you with strong legal representation against medical providers, hospitals, and their insurance companies. We handle several types of medical malpractice cases, including representing clients involved in Kaiser Permanente arbitration.

We offer free initial consultations so you can learn about your legal options. For trustworthy legal counsel you can rely on, contact our law firm online or call us in Oakland at:

(510) 444-5020

Attorneys Richard C. Bennett and William Johnson
Our attorneys, Richard C. Bennett and William Johnson, have been practicing for decades.

We Can Handle Your Case

Medical malpractice comes in many forms, and we have handled many of these complex cases, including representing clients involved in Kaiser Permanente arbitration.

Types of Medical Malpractice

If you have reason to believe that you were injured by malpractice, your first step is to speak with our personal injury lawyers. At Bennett Johnson, LLP, we can thoroughly review your case to determine if medical negligence contributed to your injuries. Some of the more common medical malpractice cases we handle include:

Birth injuries

Birth injuries can occur due to lack of oxygen to the brain, delayed c-section, improper use of forceps, and other medical errors. Some common birth injuries include cerebral palsy, Erb's palsy, and brachial plexus palsy.

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Misdiagnosis or Failure to Diagnose

If a doctor mistook your symptoms for another illness or injury and it resulted in you not receiving proper treatment, you may have a misdiagnosis claim. If a doctor fails to diagnose an illness or disease altogether, that may qualify as medical malpractice as well.

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Anesthetic Errors

You may have been a victim of malpractice if you suffered injuries due to too much or too little anesthesia. Too much anesthesia can lead to serious injury or wrongful death, while too little anesthesia can lead to awareness and pain during the procedure.

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Surgical Errors

Surgical errors may occur if a surgeon operates on the wrong part of the body, leaves surgical equipment in the body, or improperly performs surgery. If a preventable injury was caused during your surgery, you may have a malpractice claim.

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Prescription Errors

If patients are prescribed the wrong dosage or wrong medication, it can result in serious injuries or death. Medical negligence due to prescription errors may fall on the pharmacist filling the prescription, the doctor that wrote the prescription, or another medical professional or institution.

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The Importance of Taking Prompt Action Medical Malpractice Statutes of Limitations

Since each state has a statute of limitations on medical malpractice claims, it is imperative that you contact our medical malpractice lawyers at Bennett Johnson, LLP, as soon as possible. Our attorneys can ensure that your claim is filed in a timely manner and can help you pursue compensation for your injuries.

Attorneys Richard Bennet and William Johnson

Bennett Johnson, LLP

Attorneys Richard Bennet and William Johnson have practiced law for more than four decades. Since opening Bennett Johnson, LLP, in 1981, our clients have been awarded more than $500 million in verdicts and settlements. They are members of several professional legal organizations, including:

  • American Board of Trial Advocates
  • Million Dollar Advocates Forum®
  • San Francisco Trial Lawyers Association

To schedule a free initial consultation, contact us online or call us at (510) 444-5020.

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Oakland Office

1901 Harrison St
Ste 1600
Oakland, CA 94612

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Fax: (510) 835-4260

Napa Office

929 Randolph St
Napa, CA 94559

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Fax: (510) 835-4260

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