How to Sue a Doctor in San Francisco for Malpractice

If you or a loved one has suffered harm due to a doctor’s negligence in San Francisco, you may be considering legal action. Suing a doctor for medical malpractice is a complex process, but understanding the steps—and your rights—can help you navigate it with confidence. This guide outlines what you need to know to pursue a medical malpractice claim in San Francisco

1. Determine If You Have a Valid Medical Malpractice Claim

What is medical malpractice? Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury or harm to the patient. Common examples include:

Misdiagnosis or delayed diagnosis
Surgical errors
Medication mistakes
Birth injuries
Failure to treat

Key questions to ask:

Did the doctor’s actions (or inaction) directly cause harm?
Was the care provided below the standard expected of a reasonably competent doctor in the same field?
Are there measurable damages (physical, emotional, or financial)?

Note: Not all negative outcomes are malpractice. Medicine involves risks, and complications can occur even with proper care.

2. Gather Evidence and Documentation

Why it matters: Evidence is critical to proving your case. Without thorough documentation, it’s difficult to establish negligence.
What to collect:

Medical records: Request copies from all providers involved. In California, you have the right to access your medical records.
Bills and receipts: Document all expenses related to the injury, including medical bills, lost wages, and rehabilitation costs.
Photos or videos: Visual evidence of injuries or conditions can be powerful.
Witness statements: Accounts from family, friends, or other healthcare providers.
Personal journal: Keep a detailed record of your symptoms, treatments, and how the injury has affected your life.

Tip: Request your medical records in writing from the doctor or hospital. California law requires providers to respond within 15 days.

3. Consult with a San Francisco Medical Malpractice Attorney

Why it’s essential: Medical malpractice law is highly specialized. An experienced attorney can evaluate your case, explain your rights, and guide you through the legal process.
How to find the right lawyer:

Look for attorneys who specialize in medical malpractice or personal injury.
Check reviews, credentials, and case results.
Schedule consultations (many offer free initial meetings).

Questions to ask:

How many medical malpractice cases have you handled in San Francisco?
What is your success rate?
How do you charge (contingency fee, hourly, etc.)?

Note: In California, you generally have one year from the date you discovered (or should have discovered) the injury to file a lawsuit, but no more than three years from the date of the injury. Consult an attorney as soon as possible to avoid missing deadlines.

4. Obtain a Certificate of Merit

California’s requirement: Before filing a medical malpractice lawsuit, California law requires you to obtain a “Certificate of Merit.” This certificate must be signed by a qualified medical expert who attests that your claim has merit.
What this means:

Your attorney will work with a medical expert to review your case.
The expert must be in the same specialty as the doctor you’re suing.
The certificate must be filed with your complaint in court.

5. File Your Lawsuit

The process:

Your attorney will draft a complaint outlining your allegations and the damages you’re seeking.
The complaint is filed in the appropriate San Francisco Superior Court.
The doctor and their insurance company will be served with the lawsuit.

What to expect:

The defendant will respond, usually denying the allegations.
Both sides will enter the “discovery” phase, exchanging evidence and taking depositions.

6. Negotiation and Settlement

Why it happens: Most medical malpractice cases settle out of court. Insurance companies often prefer to avoid the risk and publicity of a trial.
What to know:

Your attorney will negotiate on your behalf.
Settlements can provide compensation for medical bills, lost wages, pain and suffering, and more.
You have the final say on whether to accept a settlement offer.

7. Trial (If Necessary)

If your case goes to trial:

Both sides present evidence and arguments.
A judge or jury decides if malpractice occurred and what damages to award.
Trials can be lengthy and emotionally taxing, but sometimes necessary for fair compensation.

8. Collecting Your Award

After a settlement or verdict:

The defendant’s insurance company typically pays the awarded amount.
Your attorney’s fees and expenses are deducted from the award.
You receive the remaining compensation.

Three San Francisco References

Walkup, Melodia, Kelly & Schoenberger This firm has over 50 years of experience representing individuals harmed by medical negligence in San Francisco and throughout California. They handle a wide range of medical malpractice cases, including birth injuries, surgical errors, and failure to diagnose serious conditions. Visit Walkup, Melodia, Kelly & Schoenberger
Bostwick & Associates James Bostwick, a nationally certified medical malpractice specialist, leads this firm. They are known for record-setting settlements and have been recognized as top plaintiff consumer lawyers in America. Visit Bostwick & Associates
The Zinn Law Firm The Zinn Law Firm specializes in medical malpractice claims in San Francisco and the Bay Area. They offer free consultations and focus on securing fair compensation for victims of medical negligence. Visit The Zinn Law Firm

Important Considerations for San Francisco Residents

Costs: Medical malpractice cases are expensive. Most attorneys work on a contingency fee basis (they only get paid if you win).
Time: Cases can take months or even years to resolve.
Emotional toll: Pursuing a lawsuit can be stressful. Support from family, friends, or counselors can help.

Local Resources for San Francisco Residents

San Francisco Bar Association: Offers a lawyer referral service.
California Department of Consumer Affairs: Handles complaints against healthcare providers.
San Francisco Superior Court: Provides information on filing lawsuits and court procedures.