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Understanding Medical Malpractice Claims in California
By James L. Arrasmith, Owner & Chief Legal Counsel, The Law Offices of James L. Arrasmith
Why Medical Malpractice Matters
When Trusted Care Turns Harmful
Every patient trusts that their physicians, nurses, and hospitals will provide care that meets accepted medical standards. “When that trust is broken, the physical and emotional consequences can be devastating,” says James L. Arrasmith. Medical malpractice law exists to hold negligent providers accountable and to help victims rebuild their lives.
Common Forms of Medical Negligence
- Misdiagnosis or delayed diagnosis
- Surgical errors and anesthesia mistakes
- Medication prescribing or dispensing errors
- Birth injuries to mother or child
- Failure to obtain informed consent
The Legal Framework in California
Statute of Limitations
California Code of Civil Procedure § 340.5 generally gives injured patients one year from the date the malpractice was discovered (or should have been discovered) and no more than three years from the date of the injury to file suit. Missing this deadline can permanently bar recovery, which is why swift legal action is critical.
The Standard of Care and Expert Testimony
To prevail, a plaintiff must prove that the healthcare professional breached the applicable “standard of care.” In most cases, California law requires supporting testimony from qualified medical experts to establish the standard and show how it was breached.
Building a Persuasive Claim
Gathering and Preserving Evidence
Comprehensive medical records, imaging studies, lab results, and witness statements form the backbone of any malpractice case. “We work with leading medical specialists to identify exactly where things went wrong,” explains Mr. Arrasmith.
Assessing Damages
Victims may recover economic damages (medical bills, lost wages) and non-economic damages (pain, suffering, emotional distress). California’s MICRA law currently caps non-economic damages at $390,000 for injuries occurring in 2025, with scheduled increases in future years.
Your Advocate in Complex Litigation
Experience and Results
With more than two decades litigating high-stakes medical negligence cases, The Law Offices of James L. Arrasmith has secured millions of dollars in verdicts and settlements for injured Californians.
Personalized, Client-Focused Representation
“We purposely maintain a select caseload so every client receives the meticulous attention they deserve,” notes Mr. Arrasmith. That’s why it’s essential to hire a qualified attorney—schedule an initial attorney appointment today.
Closing Thoughts
Medical malpractice litigation is legally and medically intricate. This article is provided for informational purposes only; individual facts matter. Consulting a seasoned attorney is the surest way to protect your rights and pursue fair compensation.
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