California Medical Malpractice Attorney

Do I Have a Medical Malpractice Case in California?

California law defines medical malpractice as a healthcare provider's failure to meet the standard of care, resulting in harm to the patient. The standard of care refers to the level of skill, knowledge, and treatment that a reasonably competent practitioner in the same field would provide under similar circumstances. If a doctor, nurse, surgeon, or other medical professional deviates from this standard and causes an injury, you may have grounds for a claim. 

To recover damages, you must be able to prove negligence. Negligence occurs when a medical provider acts in a way that falls short of the accepted standard of care. For example, a surgeon operating on the wrong site or a physician misdiagnosing a serious illness due to ignoring key symptoms are both examples of actions that could constitute negligence. 

Note that it is not enough for a mistake to happen. There must be evidence showing that the provider's actions directly led to your injury or made an existing condition worse.

California requires you to demonstrate that the negligence caused actual damages. These damages can include physical injuries, emotional suffering, additional medical costs, lost wages, or diminished quality of life. Calculating these impacts is an essential part of evaluating your case because they determine the compensation you may pursue.

We can help determine whether you have a strong claim. Our California medical malpractice attorney can carefully evaluate and investigate your circumstances, determine liability, and walk you through your options for recovering compensation. 

How Long Do I Have to File a Medical Malpractice Lawsuit in California?

The amount of time someone has to pursue a medical malpractice case depends on several factors, including their age and the nature of the negligence. For adults, the statute of limitations is usually one year from the date the individual discovers or should have reasonably discovered harm caused by medical malpractice. However, in most cases, victims only have three years from the date the medical negligence occurred to file a lawsuit, regardless of when they discovered or should have discovered the harm. When someone waits too long to take legal action, they will most likely lose their right to seek compensation.

An important exception to this rule involves foreign objects being left in the body after surgery. In these scenarios, the victim has one year from the date they discovered or should have discovered the foreign object to bring a claim, regardless of when the surgical procedure occurred. For example, if someone discovers a foreign object was left in their body over 15 years after the surgery took place, they would still have one year from the date of discovery to file a lawsuit.

Different time limits apply to medical malpractice cases involving minors. When medical malpractice harms a child under the age of six, the statute of limitations is three years from the date of the medical negligence or until the child’s eighth birthday, whichever comes later. If the child was at least six years old when the medical malpractice occurred, their parents or legal guardians have three years from the date of the medical negligence to file a claim.

Deadlines for filing medical malpractice lawsuits can be confusing. Additional exceptions and nuances can apply in certain cases, so you shouldn’t assume you’ve lost your right to take legal action. We can clarify whether the statute of limitations has expired and review your rights and options.