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Robert Luft

Robert S. Luft, Esq.

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Case Manager
Lindsay Andersen
T: 408-346-0732
F: 408-295-5267
160 W. Santa Clara St. , Suite 1600 , San Jose , CA 95113
Robert Luft, Esq. was a trial lawyer for 40 years before becoming a full-time mediator and arbitrator. He has tried more than 125 Superior Court jury trials and binding arbitrations. The focus of his litigation practice was in the health care field including medical malpractice, elder abuse, dental malpractice, provider contractual and medical staff privileges disputes.  Mr. Luft has taken his trial experience to the ADR field. He knows and understands the unique legal and personal issues that can arise in health care disputes. He identifies and assimilates these issues in pre-mediation telephone calls and in preparation for and during initial stages of the mediation. He uses patience, optimism, and candid discussion of issues to direct the parties to a successful settlement of the dispute either during mediation or after, in telephonic follow-up.

Representative Matters

    • Mediated claims involving agency relationships between hospital, pathology, radiology, and physician care providers
    • Mediated claim brought by health care service provider for reinsurance liability over failure to provide sufficient coverage for large capitated health care claim
    • Mediated claim brought by member of health care service plan against health insurance company for failure to provide coverage under the Plan
  • Medical Products Liability
    • Mediated alleged defect of femoral component of total hip replacement that fractured years after surgery, causing personal injury, and removal and replacement of the device
    • Successfully mediated alleged defect in lumbar spinal fusion fixation device causing personal injury and re-implementation of the device
    • Successfully mediated alleged defect in device used in brain stimulation implant surgery causing personal and emotional injury and possible re-implantation of the device
    • Mediated alleged defects in over-the-counter, prescriptive, and generic medical drug cases
  • Elder Abuse
    • Successfully mediated claim for wrongful death, elder abuse, and punitive damages brought by daughter of 79-year-old female against a skilled nursing facility alleging failure to provide proper medication and false documentation of care
    • Successful mediation of claim for wrongful death and elder abuse of 81-year-old female against a skilled nursing facility alleging inadequate and substandard nursing care, false charting, and violation of state patients bill of rights
    • Claim for reckless and neglectful nursing care causing the death of a 56-year-old female convalescent hospital patient who died secondary to a hypoglycemic episode
    • Elder Abuse & Medical Malpractice: Successfully mediated claim for elder abuse, wrongful death, and intentional infliction of emotional distress of stroke patient against acute care and skilled nursing facility
  • Medical Malpractice Mediations
    • Successful mediation of claim by 22-year-old male for kidney loss and need for dialysis and transplant from failure to monitor hypertension
    • Successful mediation of claim by 30-year-old male who developed compartment syndrome and significant lower extremity neurologic and muscle injury following calf implant surgery
    • Successful mediation of facial surgery case brought by 48-year-old female patient against plastic surgeon alleging severe blistering, pain, and permanent scarring
    • Successful mediation of claim by 52-year-old male for failure to diagnose lower extremity blood clot resulting in an above the knee amputation
    • Successfully mediated a claim for wrongful death of 58-year-old wife and mother for failure to diagnose and treat a kidney tumor that later metasterized and caused death
    • Successfully mediated claim for wrongful death of 57-year-old father who suffered from artery perforation during coronary cathertization and further failing to diagnose and treat the complications
    • Successfully mediated claim for reckless and neglectful nursing care causing the death of a 56 year old female patient of a convalescent hospital who died secondary to a hypoglycemic episode
  • Medical Malpractice Arbitrations
    • 39-year-old male underwent an ablation of the heart and a catheter became stuck on the chordae of the heart necessitating open heart surgery
    • 57-year-old female underwent a craniotomy to remove a non-malignant brain tumor. During anesthesia a complication occurred requiring additional surgery that resulted in a debilitating stroke to the patient
    • 58-year-old female underwent surgery to remove thyroid glands – alleged negligent over-removal of glands
  • Panelist and lecturer on healthcare law; relationships and liability risks between Managed Care Organizations (MCOs) and payers, subscribers and providers; Utilization Review
  • Panelist on Mediation Panel of Monterey County Superior Court
  • Northern California Super Lawyer, San Francisco Magazine, 2006, 2007, 2008, and 2009
  • Listed in Best Lawyers of America and San Jose Magazine under Silicon Valley’s Best Medical Malpractice Lawyers and Northern California Super Lawyers
  • Appointed to the State Bar of California's Alternative Resolution Committee, 2006-2009
  • Elected to Fellow of the International Society of Barristers
  • Member of American Board of Trial Advocates, American Health Lawyers Association, California Medical-Legal Committee, The Mediation Society, California Society for Healthcare Attorneys, and American Bar Association
  • Attended over 140 hours of intermediate, advanced, and specialized mediation and arbitration training
  • Partner/Director, Ropers, Majeski, Kohn & Bentley, Redwood City and San Jose, CA, 1964-2004
  • L.L.B., Hastings College of Law, 1964; Associate Editor, Hastings Law Journal
  • B.A., History, University of South Carolina, 1958
  • Capt. USMCR, Active Duty 1958-1961; Reserves 1961-1966

Counsel Comments


    "Thank you again for mediating my case ... you were professional, yet friendly and approachable at the same time ...
    I appreciate your sharing your point of view and experience with us in a very difficult attempt to come to an agreement ..."

    - Unsolicited note from a plaintiff in a successful mediation

    "Thank you for your considerable efforts in assisting the parties to settle this case. My client was very appreciative of your taking a good deal of your time to understand the issues and assist the parties in resolving their differences."

    - SF Bay Area attorney
    --

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