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    Mittelman Law Firm

    27349 Jefferson Ave., Ste 105 Temecula CA 92590

    Phone: (951) 719-1412

    Fax: (951) 719-1431

    We push to create real, positive change in each and every case.

    John Mittelman

    Attorney since 1987

  • Medical Malpractice

    What is Medical Malpractice?

    Medical Malpractice, also called medical negligence, is the failure of a medical professional to meet the standard of care that reasonable doctors, nurses, hospitals, etc. must meet when performing healthcare services.

    Medical malpractice occurs when a healthcare provider – doctor, hospital, nurse, or other individual licensed to provide medical care or treatment – does something that a reasonable doctor, nurse, etc. in the community would not have done.  It also occurs when your healthcare provider fails to do what a competent healthcare provider would have done.

    In all cases, in order for a claim to be made, there must be personal injury or wrongful death caused by the negligent act or failure to act by the provider.

    Types of Medical Malpractice

    • Birth Injury (Cerebral Palsy/Erb’s Palsy)
    • Failure to Diagnose Heart Attack
    • Failure to Diagnose Stroke/Aneurysm
    • Hospital Errors
    • Medication Errors
    • Misdiagnosis/Delay/Failure to Diagnose Cancer
    • Nursing Home Neglect
    • Decubitus Ulcers (aka Bed Sores & Pressure Sores)
    • Surgical Malpractice
    • Anesthesiologist Malpractice
    • Hospital/Institutional Neglect
    • Psychiatric Malpractice
    • Sexual Abuse/Boundary Violations
    • Ob/Gyn Malpractice
    • Plastic Surgery Malpractice

    And the list goes on and on…

    Elements of a Medical Malpractice Claim

    Medical malpractice cases are just one type of negligence case, and the elements of proof are the same:

    1. The defendant was negligent,
    2. The defendant’s negligence was a substantial cause of injury to the plaintiff, and
    3. The plaintiff sustained damages as a result of the negligence.

    Although the elements are straightforward, proving a malpractice case requires expert testimony from medical providers in the same field to prove the negligence of the defendant, along with other experts on the issues of the kinds and extent of your damages (physical, psychological, and economic).

    Contact Us

    Because California medical malpractice cases are especially complex, time-consuming, and extremely expensive, you need to hire an experienced Medical Malpractice Trial Attorney who understands the medicine and the complex legal issues that apply.  At the Mittelman Law Firm, we have experience in and understand the intricacies of California’s laws.  We have a successful track record in arbitrations, at trial, and in obtaining favorable settlements over the last 30 years in medical malpractice cases.

    If you would like to learn more on how California law applies in Medical Malpractice cases, visit the MICRA site.

John fights hard for his clients!

John is a very smart lawyer – a caring lawyer – a lawyer who fights hard for his clients’ rights! I personally worked on a very complicated matter with John and he proved himself to be detail oriented, tenacious and very competent. His advocacy skills are top-shelf. I highly recommend John!

- Stuart Fraenkel, Aviation Lawyer / Los Angeles, CA