California Medical Malpractice Lawyers
California Medical Malpractice Lawyers - Medical malpractice attorneys. Free consultation. Call (818) 514-7680.
California Medical Malpractice Attorneys
Medical malpractice attorneys handling surgical errors, misdiagnosis, medication errors, hospital negligence, birth injuries, and anesthesia errors. California MICRA damage caps apply (AB 35, effective 2023). Expert medical testimony required.
Free consultation: (818) 514-7680.
Fees, Costs and Case Results
Where representation is offered on a contingency basis there is no attorney fee unless we recover, and the firm advances case costs — filing fees, expert witnesses and medical records — which are then repaid out of any recovery. If there is no recovery, you owe no attorney fee. The specific terms that apply to a matter are set out in the written fee agreement for that matter.
Where this site refers to a verdict, settlement or court order, that result was dependent on the facts of that case, and results will differ if based on different facts. Past results do not predict or guarantee the outcome of any other matter, and no particular outcome is promised or guaranteed.
Frequently Asked Questions
- What is medical malpractice in California?
- Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing injury or death to a patient. This includes doctors, nurses, hospitals, dentists, pharmacists, and other medical professionals who fail to provide competent treatment.
- What is the statute of limitations for medical malpractice in California?
- California has a three-year statute of limitations from the date of injury OR one year from the date you discovered (or should have discovered) the injury, whichever occurs first. For minors, different rules apply extending the deadline.
- What are MICRA damage caps in California?
- MICRA (Medical Injury Compensation Reform Act) caps non-economic damages (pain and suffering) in medical malpractice cases. As of 2023, the cap is $350,000 for non-wrongful death cases, increasing annually to $750,000 by 2033. Wrongful death caps start at $500,000 and increase to $1 million by 2033.
- Do I need a medical expert witness for my California malpractice case?
- Yes. California law requires a qualified medical expert to testify that the defendant breached the standard of care and caused your injuries. The expert must be licensed in a similar specialty and familiar with the applicable standard of care.
- What types of medical errors constitute malpractice?
- Common types include surgical errors, misdiagnosis or delayed diagnosis, medication errors, anesthesia mistakes, birth injuries, failure to order appropriate tests, failure to treat, hospital-acquired infections, and improper treatment.
- How much is my medical malpractice case worth?
- Case value depends on economic damages (medical bills, lost wages, future care costs), non-economic damages (pain and suffering, limited by MICRA caps), and the severity of your injury. Catastrophic injury cases can be worth millions, while minor injuries may recover less.
- Can I sue a hospital for medical negligence?
- Yes. Hospitals can be liable for negligent hiring, inadequate staffing, failure to credential physicians properly, defective equipment, unsanitary conditions, and negligence by hospital employees like nurses and staff physicians.
- What is the standard of care in medical malpractice cases?
- The standard of care is the level of care, skill, and treatment that a reasonably competent healthcare provider in the same specialty would provide under similar circumstances. This standard is established through expert testimony.
- How long does a medical malpractice lawsuit take in California?
- Medical malpractice cases typically take 2-4 years to resolve. Discovery, expert depositions, and pretrial motions are time-consuming. Many cases settle before trial, but those that proceed to trial may take longer.
- What compensation can I recover in a medical malpractice case?
- You may recover economic damages (past and future medical expenses, lost wages, lost earning capacity), non-economic damages (pain and suffering, subject to MICRA caps), and in rare cases, punitive damages for egregious conduct.
- What is a surgical error?
- Surgical errors include wrong-site surgery, leaving surgical instruments inside the patient, damaging nerves or organs, performing the wrong procedure, operating on the wrong patient, anesthesia errors, and post-operative care failures.
- Can I sue for a misdiagnosis?
- Yes, if the misdiagnosis or delayed diagnosis fell below the standard of care and caused harm. Common misdiagnosis cases involve cancer, heart attacks, strokes, infections, and other serious conditions where early treatment is critical.
Contact Trembach Law Firm
Trembach Law Firm, APC
27001 Agoura Road, Suite 350, Calabasas, CA 91301
Phone: (818) 514-7680
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