California Medical Malpractice Attorney
Your Advocates for Medical Negligence Recovery
If you or a loved one has suffered due to medical malpractice, our experienced California medical malpractice attorneys are here to help you pursue justice and the compensation you need to move forward. We understand the physical, emotional, and financial toll of medical negligence, and we’re dedicated to holding doctors, hospitals, and other providers accountable.
Don’t let negligence go unchallenged — contact us today for a free consultation to explore your legal options.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional — such as a doctor, nurse, or hospital — fails to provide the standard of care expected in their field, resulting in patient harm. In California, these cases often involve:
Misdiagnosis or Delayed Diagnosis
Failing to correctly diagnose conditions like cancer or heart disease, delaying critical treatment.
Surgical Errors
Mistakes during surgery, such as operating on the wrong site or leaving instruments inside a patient.
Medication Errors
Prescribing incorrect drugs, wrong dosages, or failing to check for harmful interactions.
Birth Injuries
Negligence during childbirth causing harm to the mother or baby, such as cerebral palsy from oxygen deprivation.
Anesthesia Mistakes
Improper administration leading to brain damage, organ failure, or death.
Failure to Monitor
Neglecting to track a patient’s condition, resulting in untreated complications.
Our lawyers work with medical experts to prove that a provider’s negligence directly caused your injury, ensuring a strong case for compensation.
California Medical Malpractice Laws
Medical malpractice cases in California are governed by specific statutes and legal principles designed to balance patient rights with healthcare provider protections. Key laws include:
California Civil Code Section 1714
Establishes a general duty of care, requiring healthcare providers to act as reasonably competent professionals would under similar circumstances.
Medical Injury Compensation Reform Act (MICRA, California Civil Code Section 3333.2)
Caps non-economic damages (e.g., pain and suffering) at $250,000 for cases filed before 2023, with adjusted caps for newer cases (up to $350,000 for non-fatal injuries and $500,000 for wrongful death as of 2025).
California Code of Civil Procedure Section 340.5
Sets a statute of limitations of three years from the date of injury or one year from discovering the injury, whichever comes first, with exceptions for minors or fraud.
Pure Comparative Negligence
Allows recovery even if you were partially at fault (e.g., not following medical advice), with damages reduced by your percentage of fault.
Important Note: MICRA’s damage caps and strict deadlines make it critical to have an experienced medical malpractice lawyer who can maximize your recovery within California’s legal constraints.
Types of Compensation Available
Victims of medical malpractice may be entitled to compensation for:
Medical Expenses
Costs for corrective treatments, hospital stays, rehabilitation, and ongoing care.
Lost Income
Wages lost due to recovery time or permanent disability affecting your ability to work.
Pain and Suffering
Damages for physical pain, emotional trauma, and reduced quality of life, subject to MICRA caps.
Loss of Earning Capacity
Compensation for diminished future earning potential due to long-term injuries.
Wrongful Death
For families who lost a loved one, covering funeral costs, lost financial support, and emotional loss.
Punitive Damages
In rare cases of intentional or reckless misconduct, to punish the provider.
Our attorneys collaborate with economists and medical specialists to calculate your full losses, ensuring no expense or hardship is overlooked.
Challenges in Medical Malpractice Cases
Medical malpractice cases are among the most complex personal injury claims due to:
Proving Negligence
You must show the provider breached the standard of care and directly caused your injury, requiring expert testimony.
MICRA Limitations
California’s cap on non-economic damages can restrict recovery for pain and suffering, making case strategy critical.
Complex Medical Evidence
Understanding medical records, procedures, and errors demands specialized knowledge and resources.
Defendant Resources
Hospitals and doctors often have aggressive legal teams and insurance companies that fight to minimize liability.
Legal Deadlines for Medical Malpractice Claims
Our attorneys counter these challenges by working with top medical experts, thoroughly analyzing records, and building compelling cases to overcome defense tactics.
California’s statute of limitations for medical malpractice is strict. Under California Code of Civil Procedure Section 340.5, you have:
Three years from the date of injury, or
One year from the date you discovered (or should have discovered) the injury, whichever comes first.
Exceptions apply for minors (tolled until age 8 or three years from injury) or cases involving fraud or foreign objects left in the body. For claims against public healthcare facilities, you must file a government claim within six months under the California Government Claims Act (Government Code Section 911.2). Missing these deadlines can bar your claim, so act quickly.
Document all medical visits, symptoms, and communications with providers to support your case and meet discovery rule requirements.
Steps to Take After a Medical Malpractice Incident
To strengthen your medical malpractice claim, take these steps:
Seek Immediate Medical Care
Address your injuries and consult another provider to correct the harm, documenting all treatments.
Preserve Medical Records
Request copies of all medical files, test results, and bills related to the incident.
Document Your Experience
Keep a journal of your symptoms, pain levels, and how the injury affects your life.
Avoid Discussing the Case
Refrain from posting on social media or speaking with insurance adjusters without legal advice.
Contact an Attorney
Consult a medical malpractice attorney to evaluate your case and navigate California’s complex laws.
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Premises & Liability Cases
Serious & Catastrophic Injuries
Why Choose Our California Medical Malpractice Attorneys?
Our law firm is uniquely positioned to handle medical malpractice cases, offering:
Specialized Expertise
We have a proven track record of securing settlements and verdicts against powerful healthcare providers.
Medical Expert Partnerships
We work with leading physicians and specialists to analyze records and prove negligence.
Strategic Advocacy
We navigate MICRA’s limitations and defense tactics to maximize your compensation.
Compassionate Support
We provide personalized guidance, keeping you informed and supported at every step.
No Upfront Costs
Our contingency fee structure means you pay nothing unless we win your case.
Contact an Attorney
Consult with a premises liability attorney as soon as possible to evaluate your case and begin the legal process.
Contact Our California Medical Malpractice Attorneys Today
Medical malpractice can leave you with lifelong injuries, financial burdens, and emotional scars. Our experienced California medical malpractice attorneys are here to fight for your rights, holding negligent healthcare providers accountable for the harm they’ve caused. Whether you’ve suffered from a misdiagnosis, surgical error, or medication mistake, we’ll guide you through the legal process to secure the compensation you need for recovery.
Take the first step toward justice—reach out today.