PROFESSIONAL NEGLIGENCE

Medical Malpractice

Retaining the right Bay Area medical malpractice attorney to represent you in your serious injury or wrongful death claim is crucial. Whether the claim arises from the negligent treatment by a doctor, hospital, or other medical care provider or from a motor vehicle accident, construction accident, premises negligence, or other event, the malpractice attorney you choose can make or break your case.

Matt Wertheim is a dedicated trial lawyer with a record of success in prosecuting all types of difficult medical malpractice and personal injury cases, including serious injury and wrongful death. With over 35 years of experience, Mr. Wertheim is a genuine trial lawyer who brings courtroom skills, tenacity and personal attention to every case. His former and current clients will attest to his compassion and understanding of their pain, suffering, and losses, and have appreciated Matt’s turning that understanding into significant recovery for his clients. Matt Wertheim strongly encourages regular and open communication between himself and his clients, and he takes pride in making sure that all of his clients' needs are addressed.

The excellent representation given by Matt Wertheim to his clients has won him the recognition of his peers in the legal community. When you are searching for a lawyer, it is important to note that Matt Wertheim has the highest rating awarded by Martindale-Hubbell.

Examples of just a few of the successful results by Matt Wertheim & Associates:

  • Failure to diagnose cancer (confidential settlement wherein Matt worked with a large hospital to improve its system for tracking patient x-rays/mammograms so as to avoid the possibility that x-rays would never again go unread as was the case for his deceased client. Case settled at mediation for a significant dollar amount, but client's family were especially pleased that future patients would not suffer the same malpractice that cost their loved one’s life.

  • Failure of emergency room doctor and hospital to properly medicate patient with aortic rupture causing wrongful death of 57 year old married father of two. Case settled just prior to trial for confidential amount.

  • Incorrect diagnosis by client's OB/GYN that led to unnecessary surgery. Case was settled pre-trial without mediation or arbitration.

  • Numerous claims against doctors and dentists for damages caused by negligent care.

Professional Negligence

Legal/Accounting/Broker Malpractice

Professionals such as accountants, real estate brokers, attorneys, and insurance brokers can also be negligent in ways that cause significant damages/losses. If a lawyer does not file a claim on time preventing the client from getting any recovery for a meritorious claim, or if a real estate broker writes up terms of a purchase agreement, and such term was written negligently causing the new property owner to suffer damages, then these are just a few examples of how/why professionals (other than medical/dental) can and should be held accountable for negligence.

Helping Victims of Negligence and Misconduct

Attorneys are no different than others-and sometimes make mistakes. When mistakes are made they can be minor and not impact a client's case, or they can be extreme like failing to file a lawsuit on-time, and thus bar a client's claim. Matt Wertheim & Associates is committed to handling client matters capably and responsibly, and to treat clients and opposing counsel with respect and dignity. We are pleased to help clients who feel that their prior attorney's handling of case was negligent and caused the client harm.

Did Your Attorney Fail to Meet the Appropriate Standard of Care?

If your lawyer missed an important deadline or acted out of personal interest rather than in your best interest, speak to an attorney at Matt Wertheim & Associates.

While you may not be eager to find yourself involved in a new legal dispute it is important to hold the negligent attorney responsible, and to pursue compensation for your financial damages and other losses.

Legal malpractice typically involves the following types of misconduct by an attorney:

  • Failure to meet a statute of limitations (file a matter on time)

  • Failure to include all appropriate claims in a lawsuit or action

  • Entering into an unauthorized settlement

  • Failure to settle a case for its full value

  • Failure to properly handle a case due to conflicts of interest and/or breach of ethics

  • Misappropriation of funds

Is Your Attorney Forcing you to settle your Case? 

Often clients have doubts as to whether his/her attorney is acting in the client's best interest or the attorney's best interest. If you have been offered a settlement and are unrepresented, or if you have an attorney and he/she has recommended that you accept a "final offer" (but you have questions that have gone unanswered or are just unsure about what is in your best interest), please contact Matt Wertheim at (415) 775-8950 to receive a free "second opinion". Most likely, your attorney has zealously represented you and obtained the best possible offer, but if not - or if you have questions, then please contact Matt Wertheim.

Examples of just a few of the successful results by Matt Wertheim & Associates:

  • Matt represented a client who lost a lengthy court trial when the judge ruled that the attorney had not timely filed a cross-complaint. Matt filed an action for legal malpractice and the case settled for a large six figure amount at Mediation.

  • Matt represented the owner of a small San Francisco business in a claim for accounting malpractice whose lack of internal and external "controls" allowed an employee to steal client funds. Case settled after lengthy litigation.