1. Walkup, Melodia, Kelly & Schoenberger
Focus Area: Plaintiff medical malpractice with physician-attorney expertise
Practice Areas: Birth injuries, obstetric malpractice, pediatric injuries, oncology errors, cardiology malpractice, neurosurgery errors, orthopedic malpractice, emergency room failures, hospital negligence, wrongful death
Background: The firm has represented plaintiffs as medical malpractice lawyers for more than 60 years, with more multi-million dollar settlements and awards than any other firm in Northern California. A full-time doctor-attorney is on staff, providing clients with a level of service not found elsewhere. The firm has achieved notable verdicts including a $38 million jury verdict for failure to treat stroke, a $23.2 million jury verdict for excessive Pitocin administration resulting in HIE injury, and a $9.49 million jury verdict for failure to diagnose spinal abscess. The attorneys have well over 55 years of experience examining, preparing, and presenting complicated medical evidence. The firm has handled more Kaiser Permanente arbitration claims than any similar law firm.
Location: San Francisco, California
Contact: https://www.walkuplawoffice.com
Consultation: Contact firm for consultation details.
2. Bostwick & Associates
Focus Area: Complex medical malpractice including birth injuries and cancer misdiagnosis
Practice Areas: Birth injuries, cancer misdiagnosis, surgical errors, hospital negligence, diagnostic failures, medication errors, anesthesia errors, wrongful death
Background: James S. Bostwick has been named among the top-rated medical malpractice attorneys in Northern California. The firm achieved a $17 million settlement, believed to be the largest medical malpractice recovery, verdict, or settlement in California history as of 2019, for failure to treat a pregnant mother’s routine infection that became septic and caused severe brain injury to her baby. Mr. Bostwick is a former President of the International Academy of Trial Lawyers, limited to the top 500 trial lawyers in the United States, and is a member of the invitation-only group of the nation’s top civil lawyers and judges. He has been awarded Best Malpractice Lawyer in 2012 and 2013 and recognized by Best Lawyers since 1983.
Location: San Francisco, California
Contact: https://www.bostwickfirm.com
Consultation: Contact firm to schedule consultation.
3. The Law Office of Scott Righthand, P.C.
Focus Area: Medical malpractice with emphasis on catastrophic injuries
Practice Areas: Birth injuries, stroke misdiagnosis, heart attack failures, pulmonary embolism errors, cancer diagnosis delays, surgical errors, hospital negligence, wrongful death
Background: Attorney Scott D. Righthand has personally handled hundreds of medical malpractice cases involving birth injuries, strokes, heart attacks, and other serious conditions. He was recognized as Lawyer of the Year for Medical Malpractice Law by Best Lawyers in 2020 and 2016. Mr. Righthand is AV Rated by Martindale-Hubbell and has been named to The Best Lawyers in America for multiple consecutive years. He has been selected for the Northern California Super Lawyers list multiple times and maintains a Superb rating by Avvo. The firm was founded in 1992 and works with various medical experts to evaluate cases thoroughly.
Location: San Francisco, California
Contact: https://www.righthandfirm.com
Consultation: Free case evaluation available.
4. Callaway & Wolf
Focus Area: Medical malpractice throughout the Bay Area
Practice Areas: Surgical errors, diagnostic failures, medication errors, hospital negligence, Kaiser Permanente malpractice, emergency room errors, birth injuries, wrongful death
Background: The firm has been working with clients in San Francisco for over 30 years, recovering millions of dollars for clients throughout Northern California. Attorney Boone Callaway is AV Rated, a Super Lawyer, and a member of the American Board of Trial Advocates (ABOTA), an invitation-only organization requiring extensive jury trial experience and high professionalism standards. Fewer than 5% of all attorneys achieve even one of these designations. The firm has handled medical malpractice claims in San Francisco and throughout Bay Area counties. Many cases involve Kaiser Permanente malpractice, heard through Kaiser’s special arbitration program.
Location: San Francisco, California
Contact: (415) 541-0300 | https://www.callawayandwolf.com
Consultation: Free, no-obligation consultation available.
5. Mitchell Leeds, LLP
Focus Area: Medical malpractice with aggressive cross-examination expertise
Practice Areas: Emergency room failures, diagnostic failures, cancer misdiagnosis, heart attack errors, brain aneurysm cases, anesthesia errors, surgical mistakes, infectious disease cases, wrongful death
Background: Jeffrey S. Mitchell is recognized by opposing counsel as an attorney who takes very good cases and knows the medicine and applicable literature thoroughly. Defense attorneys have described him as “without a doubt the best cross-examiner” they have seen, having paid his clients significant settlements over 25 years. Partner Nathaniel Leeds has taken cases that other lawyers rejected as losing battles and achieved successful outcomes. The firm is known for taking on cases that require meticulous medical knowledge and aggressive litigation strategy.
Location: 290 7th Avenue, San Francisco, CA 94118
Contact: https://www.mitchell-leeds.com
Consultation: Contact firm for consultation details.
Medical Malpractice Laws in California
Statute of Limitations
California requires medical malpractice claims to be filed within three years from the date of injury OR one year from the date the injury was discovered or should have been discovered, whichever occurs first. For foreign objects left in the body during surgery, the one-year discovery rule applies without the three-year outer limit, though a 10-year maximum may apply. For minors, claims must generally be filed within three years of injury, and parents or guardians file on the child’s behalf.
MICRA (Medical Injury Compensation Reform Act)
California’s MICRA, enacted in 1975, was one of the first medical malpractice reform laws in the nation. MICRA established various limitations and procedural requirements for medical malpractice cases that remained largely unchanged for nearly 50 years until AB 35 was signed into law in May 2022.
Damage Caps Under AB 35 (Effective January 1, 2023)
AB 35 significantly reformed California’s damage caps for non-economic damages. For cases not involving death, the cap started at $350,000 in 2023 and increases by $40,000 annually until reaching $750,000 in 2033, after which it adjusts for 2% annual inflation. For 2025, the approximate cap is $430,000. For wrongful death cases, the cap started at $500,000 in 2023 and increases by $50,000 annually until reaching $1 million in 2033, then adjusts for inflation. For 2025, the approximate cap is $600,000.
Cap Stacking
Under AB 35, caps can be applied separately to three categories of defendants: physicians and non-physician healthcare providers, healthcare institutions, and unaffiliated providers at separate institutions. This means a patient may recover the applicable cap amount from each category of defendant, potentially tripling the available non-economic damages in cases involving multiple defendant types.
Economic Damages
There is no cap on economic damages in California medical malpractice cases. Plaintiffs may recover full compensation for past and future medical expenses, lost wages, lost earning capacity, and costs of lifetime care regardless of amount.
Attorney Fee Limitations
MICRA limits attorney contingency fees in medical malpractice cases. AB 35 changed the fee structure from recovery-based tiers to timing-based tiers, affecting how attorneys are compensated based on when settlement occurs.
Periodic Payments
For awards exceeding $250,000, defendants may elect to make periodic payments rather than a lump sum. This provision affects how plaintiffs receive their compensation over time.
Comparative Negligence
California follows a pure comparative negligence rule. A plaintiff may recover damages even if found more than 50% at fault, though recovery is reduced proportionally by the plaintiff’s percentage of fault. A plaintiff found 60% at fault would still recover 40% of their damages.
Vicarious Liability and Ostensible Agency
Healthcare institutions may be held vicariously liable for negligent employees. California also recognizes the ostensible agency doctrine, allowing liability against hospitals for independent contractor physicians if patients reasonably believed those physicians were hospital employees based on how services were presented.
90-Day Notice Requirement
Some defendants may require 90 days’ notice before filing suit. Public hospitals and healthcare facilities operated by government entities have specific notice requirements under the California Tort Claims Act.
Frequently Asked Questions
How does the new AB 35 law affect my San Francisco medical malpractice case?
AB 35 significantly increased the caps on non-economic damages compared to the old $250,000 limit that had been in place since 1975. For 2025, the cap is approximately $430,000 for injury cases and $600,000 for wrongful death cases. Additionally, the cap stacking provisions mean that if your case involves multiple categories of defendants, such as an individual physician and a hospital, you may recover separate cap amounts from each. Your attorney can analyze the defendants in your case to maximize available recovery.
What happens if my case involves Kaiser Permanente?
Kaiser Permanente medical malpractice cases are subject to binding arbitration rather than traditional jury trials. This is due to the arbitration agreement in Kaiser membership contracts. The arbitration process has its own rules, timelines, and procedures administered by an independent administrator. Attorneys experienced with Kaiser arbitration understand how to navigate this distinct process effectively. The Walkup firm and Callaway & Wolf have extensive experience with Kaiser cases specifically.
Can I still file a claim if my doctor works at a public hospital like UCSF or San Francisco General?
Claims against public hospitals and government-employed healthcare providers require compliance with the California Tort Claims Act, which includes specific notice requirements and shortened deadlines. A claim must typically be filed with the appropriate government entity within six months of the incident. Failure to comply with these requirements can bar your lawsuit. An attorney should be consulted immediately if your care was provided at a public facility.
How long will my San Francisco medical malpractice case take to resolve?
Medical malpractice cases in California typically take two to four years from initial consultation to resolution. Investigation and expert review may take several months. If the case proceeds to litigation, discovery, depositions, and trial preparation add significant time. Cases against public entities may move faster due to shorter deadlines. Kaiser arbitration cases have their own timeline. Complex cases with disputed causation or multiple defendants may take longer.
What if I did not immediately realize my injury was caused by medical negligence?
California’s discovery rule provides that the one-year limitation period begins when you knew or should have known that your injury was caused by negligent medical care. However, the three-year outer limit from the date of injury applies in most cases. If you recently discovered a connection between ongoing health problems and past medical treatment, consult an attorney immediately to determine whether your claim is timely. Cases involving delayed cancer diagnosis, surgical complications not apparent until later, or progressive conditions from negligent care require careful analysis of when the limitations period began.