Best Medical Malpractice Lawyers in California

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Or refine your search by selecting a city:

Bates Law
San Diego, United States

English
Bates Law, located in San Diego, California, specializes in personal injury and workers' compensation cases. With over 20 years of experience, the firm has successfully resolved thousands of cases, demonstrating a deep commitment to securing maximum compensation for clients who have suffered due to...

Founded in 1981
English
The Law Offices of Stanley C. Franklin, based in Sherman Oaks, California, has been dedicated to representing seriously injured individuals since 1981. With over four decades of experience, the firm has established itself as a leading plaintiff-side litigation practice in Southern California. The...
Cohen Legal

Cohen Legal

30 minutes Free Consultation
Santa Monica, United States

Founded in 2001
1 people in their team
English
Spanish
Cohen Legal offers top-tier personal injury representation in Santa Monica, specializing in car accidents, wrongful death, and more. Led by Wayne Cohen, the firm provides compassionate, results-driven service, with millions recovered for clients. Pro bono services also available for civil rights...

English
The Law Office of Bradley R. Corbett, Criminal Defense Attorney, is a California-based firm known for providing skilled representation across a broad spectrum of legal matters. With a strong focus on criminal defense, personal injury cases, and insurance claims, the firm leverages extensive trial...
Newport Beach, United States

English
Joe Naz Accident Lawyers, based in Newport Beach, California, is a distinguished personal injury law firm dedicated to assisting clients in their physical, mental, and financial recovery following accidents. The firm specializes in a comprehensive range of personal injury cases, including car...
Institución Legal De California
Los Angeles, United States

Founded in 2010
10 people in their team
Spanish
English
ABOGADOS ESPECIALISTAS EN WORKERS'COMP,ACCIDENTES PERSONALES & CASOS LABORALESACCIDENTES DE TRABAJODESPIDOS INJUSTIFICADOSACCIDENTES DE AUTO O MOTOLESIONES & DOLENCIAS POR TRABAJO REPETITIVODISCRIMINACIÓN & ACOSO LABORALCasos De DUICasos De MigracionMUERTE POR ACCIDENTES &...
Bailey Glasser
Oakland, United States

Founded in 1999
123 people in their team
English
Founded by Ben Bailey and Brian Glasser in 1999 in Charleston, West Virginia, Bailey Glasser has grown to include 76 lawyers, with 17 offices across the United States. The firm’s complex litigation practice focuses on high-stakes commercial litigation; class actions for consumers, insureds,...
The Law Offices Of Edgar Lombera
Redlands, United States

English
The Law Offices of Edgar Lombera provides comprehensive legal representation across multiple practice areas throughout California, with a strong focus on personal injury, bankruptcy, criminal defense, and immigration matters. Led by attorney Edgar Lombera, the firm brings years of experience and...
Khalil Law Group
Newport Beach, United States

English
Khalil Law Group is a premier California law firm recognized for its strong expertise in employment law and personal injury cases. With a team of experienced attorneys dedicated to advocating for employee rights and accident victims, the firm has built a solid reputation for effective legal...
Rejali Law Firm
San Diego, United States

English
Rejali Law Firm, established in 2014 and based in San Diego, California, offers comprehensive legal services across multiple practice areas, including personal injury, business litigation, immigration, and criminal defense. Under the leadership of founder Omid Rejali, the firm has achieved...
AS SEEN ON

About Medical Malpractice Law in California, United States

Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or hospital staff member, provides treatment that falls below the accepted standard of care and results in harm or injury to the patient. In California, medical malpractice law is designed to protect patients while balancing the interests of medical professionals who may face legal claims. Medical malpractice cases can involve complex factual and legal issues and may result from surgical errors, misdiagnosis, delayed diagnosis, medication mistakes, birth injuries, or other negligent actions related to medical care.

Why You May Need a Lawyer

Seeking legal help for a medical malpractice issue is often necessary because these cases can be complicated and require significant knowledge of both law and medicine. Common situations where people may require legal assistance include:

  • Experiencing unexpected injuries or worsened conditions after receiving medical treatment
  • Receiving a diagnosis significantly later than reasonable, leading to worsened health
  • Suffering harm from surgical or procedural errors
  • Receiving incorrect medication or dosage prescriptions resulting in harm
  • Encountering lack of informed consent before procedures
  • Enduring birth injuries affecting newborns or mothers due to medical mistakes
  • Loss of a loved one due to medical negligence

Lawyers can help gather evidence, consult medical experts, evaluate damages, negotiate with insurance companies, and file lawsuits if necessary. They navigate state-specific rules and ensure compliance with legal deadlines which are crucial for a successful claim.

Local Laws Overview

California has several unique rules and requirements related to medical malpractice claims. These include:

  • Statute of limitations: In most cases, an injured patient must file a claim within one year of discovering the injury or within three years of the date of the injury, whichever occurs first. There are rare exceptions, especially involving minors or discovery delays.
  • Damage caps: California limits non-economic damages (compensation for pain and suffering) in medical malpractice cases. As of 2023, the cap is set at a base of $350,000 and will gradually increase annually. Economic damages, such as lost wages or medical costs, are not capped.
  • Pre-lawsuit notice: California requires that a plaintiff provide a healthcare provider with at least 90 days notice before filing a lawsuit.
  • Comparative negligence: If the patient contributed to their own injuries, California applies a pure comparative fault system, potentially reducing damages proportionally.
  • Expert testimony: Most cases require expert opinion to establish that the medical provider’s actions were below standard and led to harm.

Frequently Asked Questions

What qualifies as medical malpractice in California?

To qualify as medical malpractice, a healthcare provider must have breached the standard of care accepted in the medical community and caused injury or harm to the patient as a result.

How do I know if I have a valid claim?

A valid claim typically involves evidence of a healthcare provider’s negligence, direct causation of injury, and quantifiable damages. Consulting with an experienced attorney can help assess your situation.

What is the deadline to file a medical malpractice lawsuit in California?

Generally, you must file within one year of discovering the injury or within three years of when the injury occurred, whichever comes first. There are limited exceptions, especially for minors.

What damages can I recover in a medical malpractice case?

You may recover economic damages like medical bills and lost wages, and non-economic damages such as pain and suffering. Non-economic damages are capped under California law.

Are there limitations on the amount I can be awarded?

Yes. California law caps non-economic damages in medical malpractice cases. Economic damages are not capped.

What is the process for filing a medical malpractice claim?

You must notify the healthcare provider in writing at least 90 days before filing a lawsuit. The process usually involves investigation, expert review, negotiation, and potentially a court trial.

Do I need an expert witness for my case?

Almost always. California requires expert medical testimony to establish that the defendant’s actions were below standard and caused harm.

Can I still recover damages if I was partially at fault?

Yes. California uses a pure comparative fault rule, so your compensation may be reduced by your percentage of fault.

How long do medical malpractice cases usually take?

These cases can take several months to a few years to resolve, depending on their complexity, the willingness of parties to settle, and court schedules.

What are the attorney’s fees for these cases?

Most medical malpractice attorneys work on a contingency basis, meaning they get paid a percentage of the recovered amount only if you win or settle the case. The specific percentage is subject to state law regulations.

Additional Resources

If you are looking for more information or need assistance, the following resources can be helpful:

  • California Department of Consumer Affairs - Medical Board of California
  • California Department of Managed Health Care
  • State Bar of California - Lawyer Referral Services
  • California Office of the Patient Advocate
  • Local legal aid organizations and county bar associations

Next Steps

If you believe you or a loved one has been harmed by medical negligence in California, consider the following steps:

  • Collect and organize your medical records and any documentation related to your care and injuries
  • Keep a detailed record of symptoms, treatments, and expenses
  • Contact a qualified medical malpractice attorney to evaluate your potential case
  • Discuss your options, legal deadlines, and possible approaches with an attorney
  • Be prepared to provide written notice to the healthcare provider before proceeding with a lawsuit

Prompt action is important because of strict filing deadlines. An experienced attorney can guide you through the process and help protect your rights.

Lawzana helps you find the best lawyers and law firms in California through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Medical Malpractice, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in California, United States - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.