California Medical Malpractice Lawyer

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 is 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 another medical professional fails to meet this standard and causes an injury, you may have grounds for a claim. 

To recover damages, you must prove negligence. Negligence means a medical provider acted below the accepted standard of care. For example, a surgeon operating on the wrong site or a physician misdiagnosing a serious illness by ignoring key symptoms can constitute negligence. 

A simple mistake alone does not create a valid claim. The evidence must show that the provider's actions directly caused your injury or made an existing condition worse.

California law also requires proof that the negligence resulted in actual harm. Damages can include physical injuries, emotional suffering, extra medical costs, lost wages, or reduced quality of life. Accurately calculating these effects is critical to determine what compensation you may pursue.

Our team helps you assess whether you have a strong claim. A medical malpractice attorney can review and investigate your circumstances, determine liability, and walk you through your options for potential recovery. 

San Francisco courts often consider claims involving complicated relationships between providers, clinics, and hospital systems. Medical malpractice cases may also require a pre-lawsuit notice under California law. Before starting a lawsuit, you must give written notice to the healthcare provider at least 90 days in advance. This rule applies throughout California and is especially important in jurisdictions like San Francisco, where local hospitals or clinics may have extra reporting guidelines.

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

The amount of time to pursue a medical malpractice lawsuit depends on several factors, including age and the type of negligence involved. For adults, the statute of limitations is usually one year from the date the individual discovers— or reasonably should have discovered— harm caused by medical malpractice. In most cases, victims have no more than three years from the date the medical negligence occurred to file a lawsuit, regardless of discovery. If you wait too long, you may lose your right to seek compensation.

An exception applies for foreign objects left in the body after surgery. The injured party has one year from the date they discovered— or should have discovered— the foreign object to bring a claim, no matter when the surgery took place. For example, if someone discovers a foreign object was left in their body 15 years after surgery, they would have one year from discovery to file a lawsuit.

Different time limits apply to cases involving minors. If a child under six is harmed by medical malpractice, the statute of limitations is three years from the date of the act or until the child’s eighth birthday, whichever is later. If the child was at least six years old when the medical negligence happened, their parent or guardian has three years from the date of the event to file a claim.

Filing deadlines for medical malpractice lawsuits can be confusing. Additional exceptions and nuances may apply, so you shouldn’t assume you’ve missed your opportunity. We can clarify whether the statute of limitations has expired and explain your rights and options.

If your case involves a public hospital or clinic in San Francisco, California law may require you to take an extra step. You must file a government claim with the appropriate local agency within six months of the injury. Failing to meet this requirement may prevent you from filing a lawsuit. Our familiarity with local processes can guide you through California’s requirements and help you stay on the right timeline for your case.

Common Causes of Medical Negligence & Hospital Injury in San Francisco

Medical negligence in San Francisco often results from factors found in both large hospital networks and neighborhood clinics. High patient volumes at major healthcare centers can contribute to miscommunication, delayed test results, and gaps in coordinated care. Local hospitals deal with provider shortages, which can increase staff workloads and the risk of errors such as incorrect medication dosing, surgical mistakes, and misdiagnosis.

Public facilities in the Bay Area must also comply with state legislation requiring the reporting of certain serious incidents. California mandates that hospitals report adverse events related to mistakes or injuries involving procedures. This process aims to improve patient safety but also makes investigating and proving negligence more structured and sometimes slower. Our experience with local risks and procedural rules in San Francisco’s courts helps us identify what contributed to your injury and develop a strong claim on your behalf.