How We Determine if You Were Injured by Medical Malpractice

If you’ve suffered an unexpected medical complication or a serious injury after treatment, you may be asking yourself: Was this malpractice or just a bad outcome? 

Not every medical mistake is malpractice — and not every poor result means your provider was negligent. As your attorneys, our job is to carefully investigate what happened and determine whether your injury was caused by substandard medical care. 

Here’s how we do it, step by step: 

Step 1: Free Consultation 

We start by listening to your story. We’ll ask about: 

• What happened and when 

• The care you received 

• Your medical history and current condition 

At this stage, we’re simply trying to understand whether your case raises medical-legal issues worth investigating further. 

Step 2: Gathering Your Medical Records 

We may request and review all of your relevant medical records, including: 

• Hospital and clinic notes 

• Test results and imaging 

• Prescriptions 

• Billing and insurance records 

Your records give us the full picture of the care you received. 

Step 3: Preliminary Legal Review 

We examine the records for “red flags,” such as: 

• Missed or delayed diagnoses 

• Medication or surgical errors 

• Failure to monitor or follow up 

• Treatment that doesn’t match your symptoms 

This helps us decide if your case should move to expert review. 

Step 4: Independent Medical Expert Review 

California law requires expert testimony in malpractice cases. We work with board-certified physicians in the same specialty as your provider to determine whether: 

• The care you received met accepted medical standards, or 

• Your provider fell below the standard of care 

A medical malpractice case will likely be unsuccessful without strong expert support.   

Step 5: Causation Analysis 

Even if a mistake occurred, we must prove that it caused your injury. We ask: 

• Would the outcome likely have been different if proper care was given? 

• Did the delay or error make your condition worse? 

For example, a delayed cancer diagnosis may have limited your treatment options, or a surgical error may have caused permanent complications. 

Step 6: Damages Assessment 

We then calculate the impact on your life, including: 

• Past and future medical expenses 

• Lost income and reduced earning ability 

• Pain, suffering, and emotional distress 

Note: In California, non-economic damages (pain and suffering) are capped under MICRA, but there is no cap on your economic losses like wage loss or medical care.   

Step 7: Case Decision 

Once we have the expert opinions and damages analysis, we’ll let you know if your case is strong enough to move forward. If so, we’ll prepare your claim and pursue justice on your behalf. If not, we’ll explain why and discuss your options. 

Step 8: Moving Forward Together 

If we accept your case, you won’t pay anything up front. We handle the costs of expert review and litigation, and we only get paid if we win compensation for you. 

Bottom line: We take the time to carefully evaluate your case, consult trusted medical experts, and make sure your claim has the strength to succeed. You’ll always know where you stand, and we’ll guide you every step of the way.