California Medical Malpractice Lawyer

His work covered minimally invasive lumbar fusion, microdiscectomy, anterior cervical discectomy and fusion, total disc replacement and laminectomy procedures. Working in several hospitals taught him how operating rooms and hospital departments are supposed to run, and what the written policies require.

That matters in a malpractice case. The defense will hire doctors to say the care was reasonable. We start by reading the chart the way those doctors will, so we can ask the right questions of our own medical reviewers early. Read more about Steven D. Green.

To bring a claim, you generally have to prove four things:

• Duty. The provider agreed to treat you, which created a duty of care.
• Breach. The provider's care fell below the standard of care for that field.
• Causation. That breach caused your injury, or made it worse.
• Damages. You suffered real losses, such as added treatment, lost income or pain.

Medicine has risks even when everything is done right. A complication or a poor result is not malpractice by itself. The question is whether a careful provider would have acted differently, and whether that would have changed the outcome.

• Misdiagnosis and delayed diagnosis. A condition is missed or found too late, and it gets worse. Cancer cases are common, because timing often shapes the prognosis.
• Surgical errors. Operating on the wrong body part, infections from a break in sterile technique, and failures to follow safety protocols.
• Childbirth injuries. Waiting too long to induce labor or perform a C-section, or failing to treat problems after delivery, can harm a mother or baby.
• Medication errors. The wrong drug, the wrong dose, the wrong form or the wrong patient.
• Failure to treat. No proper tests, a patient sent home without care, or no follow-up.
• Anesthesia and radiology errors. Dosing and monitoring mistakes, and imaging that was misread.
• Nursing home abuse and neglect. Falls, bedsores, dehydration and missed care for elderly or dependent residents.

Defective implants and devices raise product liability questions too. Steven handled defective hip implant cases before founding the firm. When a medical mistake injures the spine, see our pages on spinal cord injury claims and back injury claims.

That exception is narrow. It applies only when an ordinary person could tell from common knowledge that the result would not have happened with proper care. Most claims need a qualified physician or other provider in the same field to review the records and explain to a jury what should have happened.

Why causation is often the hardest part

Many patients were already sick when the mistake happened. The defense will argue the harm would have happened anyway. You need evidence that the error, and not the underlying illness, caused the injury or made it worse. That is why we collect complete records early: office notes, imaging, lab results, nursing notes, operative reports and medication logs.

Children have their own rule. A claim for a minor generally must be filed within three years of the wrongful act, and a child under six has until the later of three years or their eighth birthday CCP 340.5. These deadlines are strict, and building a case takes time, so call as soon as you suspect a problem. You can also use our California Claim Clock for general injury dates.

How the caps work

• Only non-economic damages are capped. Pain, suffering, emotional distress and physical impairment fall under the cap. Medical bills, future care and lost earnings do not.
• Up to three separate caps. One cap covers health care providers, one covers health care institutions such as hospitals, and one covers unaffiliated providers or institutions. A single defendant falls into only one of those groups.
• The date of resolution controls. The amount in effect at the time of judgment, arbitration award or settlement applies.

The old $250,000 cap from 1975 no longer applies to cases filed on or after January 1, 2023.

If a case is tried or arbitrated, the attorney can ask the court or arbitrator for a higher fee, which is allowed only for good cause. "Amount recovered" is the net recovery after case costs, such as expert and records fees, are deducted. Your written fee agreement will explain how costs are handled. Ask us any question about it before you sign.

Economic damages often decide the size of a serious case. A patient who needs lifelong care, or who can no longer work, may have future costs far above the cap on pain and suffering. Proving those losses usually takes treating doctors, life care planning and wage records.

When a medical mistake takes a life, the family may have a claim of its own. Our California wrongful death attorneys explain who can file and what the family can recover. For other injuries, see our California personal injury lawyer page.

For San Diego County hospitals and clinics, see our page for San Diego personal injury lawyers. Wherever you are, call (888) 264-3780. Phones are answered 24 hours a day.