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California Medical Malpractice: Understanding Your Rights When Healthcare Goes Wrong
By James L. Arrasmith, Owner and Chief Legal Counsel, The Law Offices of James L. Arrasmith
Medical malpractice is among the most intricate and emotionally charged areas of California personal-injury law. When a healthcare provider deviates from the accepted standard of care, patients may suffer catastrophic injuries, financial hardship, and lasting trauma.
“In my many years of practice representing injured Californians, I have witnessed how a single act of medical negligence can reshape a life forever. Understanding your rights is the first critical step toward securing justice and compensation.” — James L. Arrasmith
What Constitutes Medical Malpractice in California?
Negligence arises when a healthcare professional’s conduct falls below the skill, prudence, and diligence that a reasonably careful practitioner would exercise under similar circumstances.
The Four Essential Elements
- Duty of Care: A doctor-patient relationship created a legal obligation to provide competent treatment.
- Breach of Standard of Care: The provider failed to meet the applicable professional standard.
- Causation: The breach directly caused, or substantially contributed to, the injury.
- Damages: The patient incurred measurable physical, emotional, or financial losses.
“Each element must be proven through expert testimony and meticulous evidence review. That’s why it’s essential to hire a qualified attorney who understands these complexities,” explains Arrasmith.
Common Types of Medical Malpractice
Diagnostic Errors
Misdiagnosis and delayed diagnosis are leading causes of malpractice claims, often resulting from failures to order tests, misread imaging, or overlook red-flag symptoms.
Surgical Errors
- Wrong-site or wrong-patient procedures
- Retained surgical instruments
- Nerve, organ, or vascular injuries
- Unnecessary operations
- Post-operative infections due to negligent care
Medication Errors
- Incorrect drugs or dosages
- Dangerous drug interactions
- Administration despite known allergies
- Pharmacy dispensing mistakes
- Inadequate monitoring of drug effects
Birth Injuries
- Failure to monitor fetal distress
- Delayed cesarean sections
- Improper use of forceps or vacuum extractors
- Undiagnosed pregnancy complications
- Negligent neonatal care causing conditions such as cerebral palsy
California Medical Malpractice Laws: Critical Considerations
Statute of Limitations
Under Code of Civil Procedure § 340.5, lawsuits must be filed within three years of injury or one year after discovery, whichever occurs first. Exceptions include retained foreign objects, fraud, concealment, and special rules for minors.
Notice of Intent and Certificate of Merit
Plaintiffs must serve a 90-day notice of intent to sue (§ 364) and, through counsel, file a certificate confirming consultation with a qualified medical expert.
MICRA Damage Caps
Effective January 1, 2023, Assembly Bill 35 raised the non-economic damages caps to $350,000 in personal-injury cases and $500,000 in wrongful-death cases, with scheduled annual increases.
Expert Witness Requirements
Plaintiffs must present expert testimony from a physician licensed in California (or another state) who practices in the same or similar specialty and is familiar with the relevant standard of care.
The Medical Malpractice Claims Process
Initial Evaluation
Your legal team reviews records, consults experts, and assesses damages to determine claim viability.
Pre-litigation Requirements
- Notice of Intent to Sue (90 days)
- Certificate of Merit confirming expert consultation
Discovery Phase
- Depositions of parties, witnesses, and experts
- Exchange of medical records and written discovery
- Independent medical examinations
Settlement Negotiations or Trial
Most cases resolve through negotiation or mediation; if not, a judge or jury determines liability and damages.
Damages Available
Economic Damages
- Past and future medical expenses
- Lost wages and diminished earning capacity
- Rehabilitation and long-term care costs
- Home modifications and assistive devices
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement and loss of consortium
Protecting Your Rights: Essential Steps After Medical Injury
- Seek Alternative Medical Care to address ongoing health issues.
- Document Everything—symptoms, treatments, and daily impact.
- Secure Medical Records promptly.
- Avoid Direct Communication with insurers without counsel.
- Consult an Attorney Promptly to preserve evidence and deadlines.
Why Professional Legal Representation Matters
Medical-malpractice defendants deploy significant resources. That’s why it’s essential to hire a qualified attorney: Schedule an initial attorney appointment today.
“Leveling the playing field requires sophisticated advocacy and access to top medical experts.” — James L. Arrasmith
Conclusion: Your Path to Justice
Medical negligence can shatter lives, but California law offers a pathway to accountability. Our firm stands ready to evaluate your claim, explain your rights, and pursue the compensation you deserve.
James L. Arrasmith has extensive experience litigating complex medical-malpractice cases statewide. This article provides general information and does not constitute specific legal advice; each case warrants individualized evaluation.