You trust your life and your livelihood to doctors, hospitals and medical staff. When they are negligent in your care, it can drastically change your life and may even lead to the death of a loved one. Many do not know where to go to seek help. Further complicating this trying time is the complexity of Medical Malpractice, both in the medicine and specialized legal principles. The average attorney who is not skilled in these areas does not have the experience to solve the challenging issues that arise in these cases. The attorneys at Brown & Gessell have spent almost two decades representing clients in Medical Malpractice cases. Their experience in settling and trying cases is diverse and spans most areas of medicine, from labor and delivery, to orthopedics, to delay in diagnosis of cancers, to many others areas of medical care and treatment. Brown & Gessell can answer many pressing questions, such as:
- What do I need to do to protect my rights?
- What can I do to protect the accuracy and integrity of the medical records?
- How can I hold them responsible for what they have done?
- Who should I talk to (Hospital Risk Managers, Insurance Representatives, Staff or Doctors)?
- Why choose Brown & Gessell to represent you in the San Joaquin Valley?
Take Immediate Action:
Many are reluctant to even contemplate a potential medical malpractice action. Consequently, even though they suspect negligence, they do not take steps to preserve their case. Many convince themselves that nothing is wrong. They look past clear errors in medical management, refusing to acknowledge that improper care and treatment has occurred. Never could a doctor or medical provider commit negligence and injure a patient. California law, as set forth in the Jury Instruction that is used in every medical malpractice case, defines the standard of care as the failure to “use the level of skill, knowledge, and care in diagnosis and treatment that other reasonably careful” physicians “would use in the same or similar circumstances.” California Civil Jury Instruction (CACI) 501. Though most may not know what a “reasonably careful physician” standard is, they suspect some aspect of the management is not right. It is at such times that having a firm with the experience to distinguish poor medical care from negligent medical care is essential. Having a resource and experienced medical malpractice attorneys behind you each step of the way, will prevent losing valuable time and evidence. Protect your rights. Contact Brown & Gesell immediately.
Brown & Gessell has represented clients injured by medical errors in Stockton, Tracy, Lodi, Modesto, Fresno, Bakersfield and many cities throughout Northern California.
Steven L. Brown was a partner in a well-respected medical malpractice defense firm in the San Francisco Bay Area. He spent most of his career representing doctors and hospitals throughout Northern California. He understands how the attorneys and insurance companies approach these cases. He has spent many hours and many cases understanding medical issues and can focus on the key to your case. It is important that you have someone on your side to fight for you and your family. Call us today at (209) 430-5480.
Answers to Frequently Asked Questions
What can I do to protect my rights?
You need to act quickly. There are time limits in bringing an action against a medical provider and even shorter time limits when the medical provider is a government entity or employed by a government entity, such as a county or county employed physician. The attorneys at Brown & Gessell have spent two decades representing clients in medical malpractice actions. Contact our office so that we can assess what action to take to preserve your case. Do not delay.
What can I do to protect the accuracy and integrity of the medical records?
You can request a copy of your medical records. You are not entitled to the original records; they are the property of the medical provider. However, Health & Safety Code, §123119 allows a patient to inspect and/or copy their original medical records after providing a written request for the records. The patient must pay reasonable retrieval and copy charges, which are set by statute. [Health & Safety Code, §123119(b).] Copies of records must be provided to the patient within 15 days of receiving the written request. You can also obtain copies of any radiological studies, such as x-rays, CT Scans or MRIs. Although an attorney can make a similar request with an authorization for records signed by you, it is always helpful for the attorney to review the case if you can provide a copy of your medical records at the time of the initial consultation. [Evidence Code, §1158.] At times it is helpful to obtain your own copy before an attorney sends any correspondence to the potential defendant, before any action is filed, and the attorney obtains another copy after he is retained. We have found that medical providers will change the medical records between the two requests, which can only aid you in your case.
How can I hold them responsible for what they have done?
Accountability and restoration are two principals that are necessary to ensure justice. If someone has done wrong, they need to be accountable for their actions and they need to make the person harmed whole. However, it is rare for any medical provider to admit their fault and then seek to make it right.
The best way to hold any medical provider responsible is to determine if their actions amount to medical negligence and then pursue a claim against them. Many times medical negligence goes undiscovered and unaddressed often because the injured patient or surviving family does not know they have a claim against the doctor or hospital. By coming to Brown & Gessell, we can aid you in uncovering what happened and then pursue the responsible party. If after our review we do not perceive negligence, we will not pursue the claim. Your first step in holding medical providers accountable is by seeking our help.
Who should I talk to?
You should not talk to the medical provider, his insurance company or a risk manager at the hospital without legal representation. They are rarely there to aid you and what you say may be used against you later if you pursue legal action against the hospital or doctor. Contact us and allow us to aid you in navigating this often confusing and challenging period.
Why choose Brown & Gessell to represent you in the San Joaquin Valley?
Brown & Gessell is located in Stockton, the County Seat of San Joaquin County, and central to the San Joaquin Valley. The partners at Brown & Gessell are uniquely qualified to handle your case here in Stockton because they are intimately familiar with the City of Stockton, its courts, its judges and staff, the local attorneys and with the people that will make up the jury who may hear and decide your case. Douglas A. Gessell was raised in San Joaquin County, and Steven L. Brown has raised his family for the last 20 years in the County. Mr. Gessell has attended school and church in Stockton and has worked for the Stockton Unified School District as well as several local businesses. He has been representing accident victims in Stockton for the past 12 years. Mr. Brown is the past President and a member of the Board of Directors of the San Joaquin County Bar Association and a past member of the American Inn of Courts. Prior to representing injured individuals, he represented hospitals and doctors throughout the Central Valley. Their familiarity with the streets, highways, waterways, courts, hospitals and neighborhoods allows them very personal insight into the area where your case arose. Start your case with an advantage.