Surgical errors
Wrong-site surgery, retained foreign objects, anesthesia complications, and post-operative neglect.
Medical Malpractice
California Medical Malpractice Lawyer
When doctors and hospitals fall below the standard of care, patients pay the price. We work with leading medical experts to establish liability — and to pursue the maximum recovery permitted under California's MICRA framework.
Reviewed by Ryan D. Kocaj, Founding Attorney — CA Bar No. 321680Last updated
California's Medical Injury Compensation Reform Act (MICRA) places strict limits on noneconomic damages and imposes specialized procedural rules. As of 2023, the noneconomic cap began phasing upward annually — but the rules for filing, expert review, and statute of limitations remain unforgiving.
Med-mal cases are document-intensive, expert-driven, and expensive to prosecute. They are not for every firm. We take only those cases where the standard of care was clearly breached and the harm is substantial.
Cases we take
What we handle
Each fact pattern is investigated with the same intensity — whether it settles before suit or proceeds through trial and appeal.
Misdiagnosis & delayed diagnosis
Cancer, stroke, heart attack, and infection misdiagnoses with catastrophic consequences.
Birth injuries
Cerebral palsy, Erb's palsy, brain damage from oxygen deprivation, and shoulder dystocia.
Medication errors
Wrong drug, wrong dose, dangerous interactions, and pharmacy negligence.
Emergency room negligence
Failure to triage, premature discharge, and missed time-sensitive diagnoses.
Hospital infections (HAIs)
Sepsis, MRSA, and surgical-site infections traceable to inadequate protocols.
Why this matters
The stakes are real.
California gives med-mal plaintiffs three years from injury or one year from discovery — whichever is shorter. There is also a 90-day notice-of-intent requirement under Code of Civil Procedure § 364. Get the procedure wrong and the case is barred.
We retain board-certified physicians in the relevant specialty before filing, prepare expert declarations to defeat early summary judgment motions, and conduct trial-ready discovery from the outset.
Compensation we pursue
Damages available to you
- All past and future medical expenses (uncapped)
- Lost wages and lost earning capacity (uncapped)
- Future life-care costs and home modifications
- Pain, suffering, and disfigurement (subject to MICRA cap)
- Loss of consortium for spouses
- In wrongful death cases — full statutory damages
What to expect
How we build your case
- 01
Records review
We obtain the full medical chart and have it reviewed by a physician in the relevant specialty before filing.
- 02
Notice of intent & filing
We comply with CCP § 364's 90-day notice and file within the statute, with supporting expert declaration.
- 03
Expert-driven discovery
Depositions of treating providers, life-care planning, and economist work — culminating in trial or a favorable settlement.
FAQ
Frequently asked questions
What is the statute of limitations for med-mal in California?
The shorter of three years from the date of injury or one year from the date the injury was discovered (or should have been discovered with reasonable diligence). Special rules apply for minors and foreign objects left in the body.
Does MICRA cap how much I can recover?
MICRA caps noneconomic damages (pain and suffering) — but not economic damages (medical bills, lost wages, future care). The noneconomic cap began phasing upward in 2023. Catastrophic cases can still result in multi-million dollar recoveries.
Is a bad outcome the same as malpractice?
No. Medicine has inherent risks. Malpractice requires showing the provider fell below the standard of care that a reasonably competent provider in the same specialty would have followed. We retain experts to evaluate this before filing.
What does it cost?
Nothing up front. Med-mal cases require significant expert costs, all of which we advance. You pay nothing unless we recover.
Related practice areas
You may also be looking for
Many of our cases overlap with the areas below. Explore related representation we offer across California and Michigan.
Wrongful Death
When malpractice claims a life, surviving family can pursue both wrongful death and survival claims.
Learn about Wrongful DeathFuneral Home Negligence
Mishandled remains and mortuary errors after a death — emotional distress claims under California law.
Learn about Funeral Home NegligencePremises Liability
Hospital and clinic falls, infections, and unsafe facility conditions may be separately actionable.
Learn about Premises LiabilityNo Recovery. No Fee.
Injured? Let’s talk — your consultation is free.
You pay nothing unless we recover for you. Speak directly with Adam Kocaj today.