Personal Injury
Medical Malpractice
Birth Injury
kaiser arbitration
Motor Vehicle Accident
Products and Premises

Our dedicated staff provides a personal approach to each case. The Law Office of Amy Martel carefully choose their medical negligence cases and personally handles each one.

Personal Injury

A personal injury occurs when one party’s negligence or misconduct results in an injury to another party. If you believe another party is responsible for an injury or economic loss you recently suffered, you may have a personal injury case.

Medical Malpractice

Unfortunately, doctors, nurses and hospitals make medical mistakes and when someone suffers a serious injury because they fail to practice medicine to the acceptable standard of care, those mistakes are considered malpractice. These can include diagnostic errors, medication errors, surgical errors, anesthesia errors or nursing erros. If you were injured during a medical procedure, surgery, medical evaluation, or treatment due to the negligence of a doctor, nurse, or another medical professional, you may have the right to seek compensation.

Birth Injury

Birth injury is a type of medical malpractice and is any physical injury that occurs during pregnancy or delivery to the mother and/or the child she is carrying or delivering. Examples of birth injuries that may be related to medical negligence include:

  • Failing to detect fetal distress and/or properly monitor the baby’s heartbeat
  • Failing to prevent or treat severe tearing or bleeding in the mother
  • Failing to perform a medically necessary C-section (cesarean section)
  • Improperly using forceps or vacuum delivery or failing to inform mother of their risks
  • Pulling or twisting too hard on the baby as they exit the birth canal

Medical negligence can still happen even after the child has been delivered. Once a child is born, medical professionals must monitor the baby and mother for any complications that may arise. Type of injuries that may arise in the postpartum period include:

  • Failing to control blood loss of the mother and/or baby
  • Failing to diagnose and treat newborn jaundice
  • Failing to monitor the baby’s vital signs
  • Failing to treat the mother’s uterine ruptures and/or tears

All of these actions can lead to severe complications for the mother and child. However, the statute of limitations may differ for the mother and her child therefore it is important to consult a medical malpractice attorney as soon as practical.

Wrongful Death

Wrongful death cases are simply personal injury cases in which the victim died from the injuries suffered due to someone else’s negligence. Some of the types of wrongful death cases could include the following: car accident, medical negligence, work place injuries, products liability and pedestrian and bicycle accidents. This is not a complete list of all the possible ways for a wrongful death to occur. Ultimately, if you believe another party bears responsibility for the death of your loved one, you may have grounds to file a wrongful death claim.

Failure to Diagnose

Failure to diagnose occurs when a physician fails to timely diagnose a patient’s condition. Misdiagnosis results from a doctor making an incorrect diagnosis. A delayed diagnosis takes place when a medical professional significantly delays a correct diagnosis. These are three common forms of medical negligence. These cases may involve a failure to diagnose cancer or other serious illnesses, a missed diagnosis, a delayed diagnosis, delayed treatment, or a failure to recognize complications that change or aggravate an existing condition.

Kaiser Arbitrations

Kaiser Permanente is the largest health insurance provider in California. Just like any other medical care provider, Kaiser Permanente’s health care providers can and do make mistakes in the treatment of patients. However, because of the terms of the Kaiser Permanente HMO agreement, many patients have given up their right to sue Kaiser in Court. Kaiser requires its patients to agree to the specific Arbitration system designed by, and for, Kaiser. Kaiser has a tremendous amount of control over the Arbitration system and they set their own rules when it comes to medical malpractice claims. If you are insured by Kaiser, you want a firm on your side that has experience with the Kaiser system.

Motor Vehicle Accident

A car accident can change your life in an instant. If you or someone you love have suffered injuries in a car crash, you want an attorney on your side who will make sure you get the financial compensation you deserve.

Slip & Fall

If you are injured as a result of a fall on someone elses property you may be able to seek financial compensation. Property owners are expected to maintain their properties appropriately and address known safety issues in a timely manner. If a property owner discovers any safety hazard that could foreseeably cause an injury to a guest, the property owner has a responsibility to fix the problem or, warn guests of the hazard.

Premise and Products

Liability Building managers, landlords and other property owners have a responsibility to maintain a safe environment for anyone who may pass through. If you have been injured in unsafe conditions in a retail establishment, private residence or public space, you can hold the negligent property owner responsible and protect your rights.

What is medical negligence

The law of office of Amy Martel specializes in medical negligence cases.

Doctors, nurses, hospitals and other health care professionals act negligently when they fail to provide the quality of care that other reasonably competent doctors would have provided under similar circumstances. Errors by medical professionals can arise in virtually any setting however, these errors can occur even when everything is done properly. Therefore, to prove medical negligence the patient must show that the mistake/error fell below the appropriate standard of care and that they were injured as a direct result. In other words, disappointment with the results of a procedure does not form a basis for a medical malpractice claim, nor does a mistake that caused no real harm to the patient.
For a patient to prevail on a medical negligence claim the patient must prove:

  1. A doctor-patient relationship was established between you and the medical professional you wish to sue;
  2. The doctor was negligent in providing treatment;
  3. The doctor’s negligence caused an injury to the patient;
  4. The patient’s injuries led to actual damages, such as past and/or future medical bills, emotional distress, loss of income.

In medical malpractice lawsuits, patients have the burden of proving all four elements. To prove negligence a patient must prove what care other reasonably competent doctors would have provided in similar circumstances. This usually requires expert testimony. To establish this we will hire a doctor or other healthcare practitioner that has experience with the type of medical problem at issue in the case. The doctor provides an opinion regarding what a reasonably competent doctor would have done under the circumstances and how that care would have changed the outcome. The patient must prove actual harm, not merely show a potential for harm.
In order to win damages in a medical malpractice case patients must also prove that their doctors’ negligence caused foreseeable harm. This harm can take many forms, including pain and suffering, cost of medical bills, loss of earning capacity, and loss of the ability to enjoy life’s pleasures in the same way as prior to the harm.

Copyright 2024 – Law Office of Amy Martel
San Diego Personal Injury Law

2831 Camino Del Rio S #104 – San Diego, CA 92108

Attorney Advertising Notice: information contained on this web site may be considered attorney advertising. The material and information contained on these pages and on any pages linked from these pages are intended to provide general information only and not legal advice. You should consult with an attorney licensed to practice in your jurisdiction before relying upon any of the information presented here. The acts of sending an email to this website or viewing information from this website do not create an attorney-client relationship. The listing of verdicts, settlements, and other case results is not a guarantee or prediction of the outcome of any other claims.


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Privacy Policy

This privacy policy applies to information collected online from users of this website. In this policy, you can learn what kind of information we collect, when and how we might use that information, how we protect the information, and the choices you have with respect to your personal information.

What personal information is collected through this website and how is it used?

We collect information about our users in three ways: directly from the user, from our Web server logs and through cookies. We use the information primarily to provide you with a personalized Internet experience that delivers the information, resources, and services that are most relevant and helpful to you. We don’t share any of the information you provide with others, unless we say so in this Privacy Policy, or when we believe in good faith that the law requires it.

User-supplied information

If you fill out the “contact” form on this website, we will ask you to provide some personal information (such as e-mail address, name, phone number and state). We only require that you provide an e-mail address on the contact form. Further, if chat is available through this site, you may be asked to provide information if you participate in an online chat. Please do not submit any confidential, proprietary or sensitive personally identifiable information (e.g. Social Security Number; date of birth; drivers license number; or credit card, bank account or other financial information) (collectively, “Sensitive Information”). If you submit any Sensitive Information, you do so at your own risk and we will not be liable to you or responsible for consequences of your submission.

Information that you provide to us through the contact form or an online chat will be used so that we may respond to your inquiry. We may also use information you provide to us to communicate with you in the future. If you do not wish to receive such communications, you may opt out (unsubscribe) as described below.

Web server logs

When you visit our website, we may track information about your visit and store that information in web server logs, which are records of the activities on our sites. The servers automatically capture and save the information electronically. Examples of the information we may collect include:

  • your unique Internet protocol address;
  • the name of your unique Internet service provider;
  • the town/city, county/state and country from which you access our website;
  • the kind of browser or computer you use;
  • the number of links you click within the site;
  • the date and time of your visit;
  • the web page from which you arrived to our site;
  • the pages you viewed on the site; and
  • certain searches/queries that you conducted via our website(s).

The information we collect in web server logs helps us administer the site, analyze its usage, protect the website and its content from inappropriate use and improve the user’s experience.


In order to offer and provide a customized and personal service, our websites and applications may use cookies and similar technologies to store and help track information about you. Cookies are simply small pieces of data that are sent to your browser from a Web server and stored on your computer’s hard drive. We use cookies to help remind us who you are and to help you navigate our sites during your visits. Cookies also can tell us where visitors go on a website and allow us to save preferences for you so you won’t have to re-enter them each time you visit. The use of cookies is relatively standard. Most Internet browsers are initially set up to accept cookies, but you can use your browser to either notify you when you receive a cookie or to disable cookies.

If you wish to disable cookies from this site, you can do so using your browser. You should understand that some features of many sites may not function properly if you don’t accept cookies. For more information about using browsers to manage cookies, please see All About Cookies. You can opt out of Google’s use of cookies by visiting Google’s Ad Settings.

By visiting this website, you consent to the use of cookies and similar technologies in accordance with this Privacy Statement.

Third-party Services

We may use services hosted by third parties, including Adobe Site Catalyst, to assist in providing our services and to help us understand the use of our site by our visitors. These services may collect information sent by your browser as part of a web page request, including your IP address or cookies. If these third-party services collect information, they do so anonymously and in the aggregate to provide information helpful to us such as website trends, without identifying individual visitors.

In addition, we may use services provided by third parties to display relevant content, products, services and advertising to you. These third parties may use cookies, web beacons and similar technologies to collect or receive information from this website and elsewhere on the internet. They may then use that information to provide measurement services so we can understand your interests and retarget advertisements based on your previous visits to this website. Please keep in mind that we do not share your personal information with any third-party advertiser, ad server or ad network.

You may be able to opt-out of the collection and use of information for ad targeting by some third parties by visiting You can opt out of Google’s use of cookies by visiting Google’s Ad Settings. You can visit this page to opt out of AdRoll’s and their partners’ targeted advertising. Please see “Cookies” in the section above for more information on how you can control the use of cookies on your computer.

California Do Not Track

Our web services do not alter, change, or respond upon receiving Do Not Track (DNT) requests or signals in browsers. As described in more detail above, we track user activity using web server logs, cookies and similar technologies. Information collected in web server logs helps us analyze website usage and improve the user’s experience. Cookies allow us to offer you a customized experience and present relevant advertising to you.

How is personal information protected?

We take certain appropriate security measures to help protect your personal information from accidental loss and from unauthorized access, use or disclosure. However, we cannot guarantee that unauthorized persons will always be unable to defeat our security measures.

Who has access to the information?

We will not sell, rent, or lease mailing lists or other user data to others, and we will not make your personal information available to any unaffiliated parties, except as follows:

  • to agents, website vendors and/or contractors who may use it on our behalf or in connection with their relationship with us;
  • if we are unable to assist with your matter, but know an unaffiliated attorney or firm that may be able to help you, we may refer you and share information you provided us with that party; and
  • as required by law, in a matter of public safety or policy, as needed in connection with the transfer of our business assets (for example, if we are acquired by another firm or if we are liquidated during bankruptcy proceedings), or if we believe in good faith that sharing the data is necessary to protect our rights or property.

How can I correct, amend or delete my personal information and/or opt out of future communications?

You may opt out of any future contacts from us at any time. Contact us via the phone number, contact form or mailing address on our website at any time to:

  • see what data we have about you, if any;
  • change/correct any data we have about you;
  • ask us to delete any data we have about you; and/or
  • opt out of future communications from us.

If you have any additional questions or concerns about this privacy policy, please contact us via the phone number, contact form or mailing address listed on this website. If our information practices change in a significant way, we will post the policy changes here.

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