Mitchell Law Firm

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CALIFORNIA'S TOP
MEDICAL MALPRACTICE LAWYER

$5.5 MillionSettlement for failure to diagnose and treat kernicterus resulting in severe brain damage of child
$5.5 MillionSettlement for failure to diagnose acute blood loss after cancer surgery resulting in brain damage to physician
$7 MillionPlus Settlement: Negligent performance of intubation post-operatively, resulting in severe brain damage to minor child.
$10.8 MillionConfidential settlement for an adult who suffered catastrophic injury from a stroke
$22 MillionRobyn Frankel vs. Palo Alto Medical Foundation GroupJury verdict for paralysis caused to patient after an unnecessary procedure.
$4.25 MillionSettlement for failure to quickly respond to a minor plaintiff’s hyperthermia after surgery resulting in catastrophic injuries including brain damage
$4 MillionSettlement for failure to diagnose fetal distress resulting in minor plaintiff suffering from severe static encephalopathy

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Mutual Fault Rules in California Medical Malpractice Claims

In a few medical malpractice cases, the defendant might claim that a person is at least partly responsible for bringing about his or her own injuries by, for instance, being unsuccessful in following the physician’s directions. If an individual goes to trial and is discovered to be somewhat responsible, that judgment will decrease or even remove his or her damage reward, conditional on state law.

California adheres to a pure comparative negligence rule. As a result, a determination must be made as to the amount of accountability the patient assumes for his or her medical malpractice injury. The patient’s limited accountability for the injury will not forbid the patient from recuperating against healthcare provider. The fraction of the patient’s responsibility amounts to the fraction of compensation that the patient will be forbidden from recuperating. For instance, if a person’s physician is thirty percent liable for his or her medical malpractice injury and the person is seventy percent liable, the person will recuperate thirty percent of the overall compensation arising from the injury.



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In over 25 years of practice on the defense side of malpractice cases, Jeff Mitchell is the attorney I fear most. He takes very good cases. Jeff has the medicine and the applicable literature down cold. He is without a doubt the best cross-examiner I have ever seen. I have paid his clients a lot of money over the years.
- John M.

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