Medical Malpractice Wrongful Death Lawyer
Medical Malpractice Wrongful Death Lawyer - Wrongful death attorneys fighting for your family. Free consultation. Call (818) 514-7680.
California Wrongful Death Attorneys
Compassionate wrongful death representation for families who have lost a loved one due to negligence. We handle wrongful death claims from car accidents, truck accidents, medical malpractice, workplace accidents, defective products, and elder abuse.
California wrongful death statute of limitations: two years. 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 MICRA and how does it affect medical malpractice wrongful death claims in California?
- The Medical Injury Compensation Reform Act (MICRA) caps non-economic damages (pain, suffering, loss of companionship) at $350,000 for wrongful death claims that arose before January 1, 2023. Under AB 35, which took effect in 2023, the cap increased to $500,000 for wrongful death cases and will rise by $50,000 annually until reaching $1 million. Economic damages (lost wages, medical bills) have no cap.
- How do you prove medical malpractice caused a wrongful death?
- You must establish: (1) a doctor-patient relationship existed, (2) the healthcare provider breached the standard of care, (3) the breach directly caused the patient's death, and (4) the death resulted in damages to surviving family members. Expert medical testimony from a qualified physician in the same specialty is required to establish the standard of care and its breach.
- What types of medical errors cause wrongful death?
- Common fatal medical errors include surgical mistakes (wrong-site surgery, retained instruments), misdiagnosis or delayed diagnosis of cancer and heart conditions, medication errors (wrong drug, wrong dosage, dangerous interactions), anesthesia errors, birth injuries causing infant or maternal death, hospital-acquired infections from negligent protocols, and nursing home neglect.
- Who can file a medical malpractice wrongful death lawsuit in California?
- Under CCP 377.60, the surviving spouse or domestic partner, children, and if no children survive, grandchildren may file. Dependent stepchildren and parents may also have standing. A personal representative of the decedent's estate can bring both wrongful death and survival actions (the latter for the decedent's pre-death pain and suffering).
- What is the statute of limitations for medical malpractice wrongful death in California?
- California has two relevant deadlines: (1) One year from the date the plaintiff discovers or should have discovered the injury, or (2) Three years from the date of the injury, whichever comes first (CCP 340.5). For wrongful death specifically, the two-year statute under CCP 335.1 may also apply. The shorter deadline controls.
- Can I sue a hospital for a doctor's malpractice that caused death?
- Yes. Hospitals can be held liable under respondeat superior if the doctor was an employee, and under corporate negligence for failing to properly credential physicians, maintain adequate staffing, implement safety protocols, or maintain equipment. Even for independent contractor physicians, hospitals may be liable under ostensible agency if patients reasonably believed the doctor was hospital staff.
- What damages are available in a California medical malpractice wrongful death case?
- Economic damages include lost income and earning capacity, medical bills before death, and funeral expenses (no cap). Non-economic damages for loss of companionship and consortium are subject to MICRA caps ($500,000+ depending on when the injury occurred). Survival action damages for the decedent's pre-death pain and suffering are also available.
- Do I need an expert witness for a medical malpractice wrongful death claim?
- Yes. California requires a Certificate of Merit from a medical expert before filing a malpractice lawsuit. The expert must be a licensed physician practicing in the same or similar specialty who confirms the healthcare provider breached the standard of care. Without expert testimony, the case cannot proceed past initial stages.
Contact Trembach Law Firm
Trembach Law Firm, APC
27001 Agoura Road, Suite 350, Calabasas, CA 91301
Phone: (818) 514-7680
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