Medical Malpractice in California
Holding Negligent Healthcare Providers Accountable
Lost a Loved One Due to Negligence?
We Stand With California Families in Their Hardest Moments
Patients trust doctors, nurses, and hospitals to provide safe and competent care. When that trust is broken through negligence or error, the consequences can be life-changing. Medical malpractice occurs when a healthcare professional fails to meet the accepted standard of care, resulting in harm to the patient. These cases often require extensive investigation, expert testimony, and aggressive advocacy to uncover the truth and secure justice.
Types of Wrongful Death Cases We Handle
Fighting for Justice in Every Situation
Surgical Errors
When Surgery Goes Wrong
Surgery is meant to heal, not harm. Preventable surgical mistakes can leave patients with serious complications or even life-threatening injuries.
Common Examples:
- Operating on the wrong body part
- Leaving surgical tools or sponges inside the patient
- Accidental injury to organs, nerves, or blood vessels
- Anesthesia mistakes before, during, or after surgery
- Post-surgical infections from unsanitary conditions
Why These Cases Are Complex: Proving negligence requires expert review of medical records and hospital procedures to show the error fell below the accepted standard of care.
Protecting Your Rights: Hospitals and insurers act quickly to limit their liability. Taking early action preserves evidence and strengthens your claim.
We handle surgical error cases on a contingency fee basis. You pay no attorney’s fees unless we recover compensation for you.
Misdiagnosis and Delayed Diagnosis
When Doctors Fail to Diagnose Correctly
A timely and accurate diagnosis can mean the difference between recovery and serious harm. When doctors overlook symptoms or misread test results, patients may suffer needlessly.
Conditions Often Involved: Cancer, stroke, heart attack, infections, sepsis, meningitis, blood clots.
Why It Matters: Delayed or incorrect diagnoses allow conditions to worsen, robbing patients of treatment opportunities.
Protecting Your Rights: Physicians and hospitals often deny responsibility. Experienced legal counsel ensures medical records are reviewed and expert testimony is secured.
We handle misdiagnosis and delayed diagnosis cases on a contingency fee basis. You pay no attorney’s fees unless we recover compensation for you.
Medication and Prescription Errors
When the Wrong Prescription Causes Harm
Medication mistakes can trigger severe health complications. Errors may occur when prescribing, dispensing, or administering drugs.
Common Errors:
- Wrong drug or dosage prescribed
- Dangerous drug interactions overlooked
- Allergies or contraindications ignored
- Mislabeling prescriptions at the pharmacy
- Administering medication to the wrong patient
Why It Matters: Even one mistake can cause organ failure, brain damage, or death. These cases often involve multiple parties across the healthcare chain.
Protecting Your Rights: Providers and insurers may blame the underlying illness rather than the mistake. Legal expertise is critical to proving liability
We handle medication error cases on a contingency fee basis. You pay no attorney’s fees unless we recover compensation for you.
Birth Injuries
When Negligence Affects the Beginning of Life
Mistakes during childbirth can impact a child’s future forever.
Common Birth Injuries:
- Cerebral palsy and brain damage from oxygen deprivation
- Brachial plexus injuries and shoulder dystocia
- Skull fractures or spinal cord damage
- Injuries from improper use of forceps or vacuum tools
Why It Matters: Families face overwhelming emotional and financial burdens. Proving negligence requires detailed medical reviews and expert testimony.
Protecting Your Rights: Quick action preserves records and ensures accountability for mistakes made during delivery.
We handle birth injury cases on a contingency fee basis. You pay no attorney’s fees unless we recover compensation for you.
Emergency Room Errors
When Urgent Care Turns Harmful
The fast pace of emergency rooms often leads to mistakes with devastating results.
Examples:
- Misdiagnosis of strokes, infections, or heart attacks
- Delayed treatment for life-threatening conditions
- Medication mix-ups in high-pressure settings
- Premature discharge without testing
Why It Matters: ER mistakes can mean the difference between survival and tragedy.
Protecting Your Rights: Hospitals may claim errors were unavoidable. We work with experts to prove negligence and secure justice.
We handle ER error cases on a contingency fee basis. You pay no attorney’s fees unless we recover compensation for you..
Medical Malpractice Claims in California
What Families Should Know About Medical Malpractice Cases
When a loved one dies due to medical negligence, California law provides a way for surviving family members to seek justice through a wrongful death claim. These lawsuits allow families to hold healthcare providers accountable and recover compensation for the emotional and financial losses caused by the death. Typically, the personal representative of the deceased person’s estate files the claim on behalf of surviving relatives. Medical malpractice wrongful death cases often involve complex issues, including proving that the provider’s conduct fell below the accepted medical standard of care and establishing the full extent of future financial losses. Having an experienced attorney is essential to navigating these challenges and protecting your family’s rights.
Statute of Limitations: In California, wrongful death claims generally must be filed within two years of the date of death. If the death resulted from medical malpractice, additional rules under the Medical Injury Compensation Reform Act (MICRA) may apply, including shorter notice requirements.
Eligible Family Members: Under California law, surviving spouses, domestic partners, children, and certain financially dependent relatives (such as parents or stepchildren) may bring a wrongful death claim.
Recoverable Damages: Families may pursue compensation for medical expenses related to the final injury or illness, funeral and burial costs, lost financial support, loss of companionship, and the emotional suffering tied to losing a loved one.
Common Medical Malpractice Questions
Helping Families Understand Their Legal Options
Who can file a wrongful death lawsuit in California?
In California, the law strictly limits who may bring a wrongful death lawsuit to prevent confusion and multiple claims over the same death. The first group of people with priority includes the surviving spouse, domestic partner, and children of the deceased. If none of these exist, the right may extend to other heirs who would inherit under California’s intestate succession laws—such as parents, siblings, or grandchildren. In addition, certain people who were financially dependent on the deceased—such as stepchildren, putative spouses, or their children—may also qualify to file. California courts require clear proof of dependency if the claimant is not an immediate family member. Because eligibility rules can be complex, especially in blended families or when multiple relatives are involved, it’s essential to consult with an attorney early to confirm who has legal standing. Filing by the wrong party or failing to include all eligible heirs can jeopardize the claim.What damages can be recovered in a wrongful death claim?
Damages in a California wrongful death case are designed to compensate surviving family members for the financial and emotional losses they suffer. Recoverable damages typically include medical bills incurred before the death, funeral and burial expenses, and the loss of financial support the deceased would have provided over their lifetime. Families can also claim the value of lost household services, such as childcare, transportation, or home maintenance, which the deceased contributed. Beyond financial losses, California law also allows recovery for non-economic damages, such as the loss of companionship, love, comfort, guidance, and emotional support. These losses are subjective but deeply significant. Unlike other states, California generally does not allow punitive damages in wrongful death cases—unless the death was caused by a felony homicide or egregious conduct. However, in medical malpractice cases, damages may be subject to special limits under MICRA (Medical Injury Compensation Reform Act), which caps non-economic damages at $500,000 (as of recent reforms). This makes it critical to maximize economic damages and present strong evidence of the family’s losses.How long do I have to file a wrongful death lawsuit in California?
The statute of limitations in California for wrongful death claims is generally two years from the date of death. However, if the wrongful death arises from medical malpractice, special rules apply. Under California’s medical malpractice statute of limitations, families must usually file the claim within one year of when they knew or reasonably should have known that malpractice caused the death, or within three years of the date of the injury—whichever occurs first. In addition, California law requires a plaintiff to give healthcare providers at least 90 days’ notice before filing a medical malpractice lawsuit. These timeframes are unforgiving—missing the deadline almost always means losing the right to recover compensation. Complexities arise when the cause of death is not immediately obvious or when families are still investigating potential negligence. An experienced attorney ensures notice requirements are met, deadlines are tracked, and the claim is preserved before time runs out.What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates family members for their personal losses after a loved one’s death, such as lost financial support, companionship, and guidance. A survival action, however, is brought by the estate on behalf of the deceased and seeks damages the person could have pursued had they survived. For example, a survival action may include recovery for medical bills related to the malpractice, lost wages from the time of injury until death, and, in some cases, punitive damages. Importantly, wrongful death claims and survival actions are distinct but often filed together in California to provide full compensation. For instance, in a case where a patient died days after a surgical error, the wrongful death claim would cover the family’s emotional and financial losses, while the survival action could recover the deceased’s medical expenses and lost earnings during those days. Because the rules for distribution of damages differ—wrongful death proceeds go directly to heirs, while survival action proceeds go to the estate—families benefit from legal guidance to coordinate both claims effectively.Do wrongful death claims require proving negligence?
Yes. To succeed in a wrongful death lawsuit based on medical malpractice, the plaintiff must prove that a healthcare provider failed to meet the accepted standard of care and that this failure directly caused the death. The “standard of care” refers to the level of skill, knowledge, and care that a reasonably careful medical professional in the same field would have provided under similar circumstances. For example, if a reasonably competent doctor would have ordered a specific test to rule out a heart attack but the defendant failed to do so, that may constitute negligence. Establishing this requires expert testimony from qualified medical professionals, detailed review of medical records, and sometimes reconstruction of the decision-making process in the hospital or clinic. Defendants often argue that the death resulted from underlying health issues rather than negligence, so the plaintiff must clearly link the provider’s conduct to the outcome. Because of this, wrongful death cases rooted in medical malpractice are among the most complex types of litigation and demand skilled legal advocacy.Can multiple family members be part of the same claim?
Yes. In California, only one wrongful death action may be filed per deceased individual, but it can (and should) include all eligible family members. This means that surviving relatives must come together in a single lawsuit, even if they do not all agree on pursuing the claim. The court may later determine how damages are divided among the claimants. For example, a surviving spouse and children might each receive a share of the recovery, with the court considering factors such as dependency and financial need. If one eligible heir refuses to participate, they can be named as a nominal defendant to preserve their rights and prevent them from filing a separate suit later. Coordinating multiple family members can be complicated, particularly in blended families or cases involving estranged relatives. An attorney’s role often includes unifying the family under one case and advocating for a fair distribution of damages, while ensuring no legal deadlines are missed because of disputes.What happens if the death occurred in a hospital or healthcare facility?
If a wrongful death occurs in a hospital or medical facility, the claim may involve multiple potential defendants, including the hospital itself, individual doctors, nurses, technicians, and sometimes outside contractors such as anesthesiology groups or radiology services. Hospitals often argue that complications were unavoidable or claim the death was the result of the patient’s underlying condition rather than staff negligence. Proving liability requires a detailed examination of hospital records, staffing logs, and whether proper procedures were followed for monitoring, treatment, and communication. For example, in cases of sepsis, hospitals may face liability if staff failed to recognize infection symptoms in time, delayed administering antibiotics, or discharged the patient prematurely. Large healthcare institutions are usually backed by aggressive legal teams and insurance carriers, making it crucial for families to have equally skilled representation. A knowledgeable attorney can help identify all responsible parties and build a strong case based on expert analysis.Will filing a wrongful death lawsuit help prevent future harm?
Yes. Beyond providing financial compensation, wrongful death lawsuits play an important role in accountability and public safety. By holding negligent providers and institutions responsible, these cases can bring attention to dangerous practices, understaffing issues, or systemic failures in healthcare facilities. Many hospitals update policies, improve training, or adopt stricter oversight after facing legal consequences. For families, pursuing a claim can be a way to honor their loved one’s memory by helping to ensure other patients do not experience the same tragedy. For example, lawsuits involving medication errors have led to improved pharmacy safeguards, and litigation over delayed diagnoses has encouraged hospitals to implement stricter protocols for critical conditions like sepsis or heart attacks. While no legal action can undo the loss, many families find comfort knowing that their case may help prevent future harm and drive change within the healthcare system.
