San Diego Medical Malpractice Lawyer

Operative reports, anesthesia records, nursing flow sheets and device logs each tell part of the story. Steven knows what a surgical team is expected to document, and where gaps usually show up. Spotting those gaps early helps us choose the right independent physicians to review your care. Learn more about Steven D. Green's medical background, or read our California medical malpractice guide for the statewide rules in full.

The building's name does not always tell you who is responsible. A private physician group may staff a public hospital, and a public district may own a hospital that a private system runs. We pull the admission papers, billing records and staff rosters to identify each defendant before any deadline passes.

If a public entity rejects your claim in writing, you generally have six months from that notice to file suit Gov. Code 945.6. Our San Diego personal injury lawyer page explains the government claim process for other local agencies.

When a doctor or hospital uses an arbitration agreement, it must carry a bold red notice above the signature line telling you that you are giving up a jury or court trial. You can cancel that kind of agreement in writing within 30 days of signing CCP 1295. Health plan contracts, such as a Kaiser membership agreement, follow separate disclosure rules and are exempt from those two requirements. If you are not sure what you signed at intake, bring the paperwork to your case review and we will read it with you.

Arbitration changes who decides the case and where. Your claim carries over, and the 2026 damage caps and the attorney fee limits apply to arbitration awards too.

You can file a Board complaint online, by mail or by fax. Before you do, tell your lawyer. What you write becomes part of a record, and we want your account to match the medical chart.

• Six months: government claim against UC San Diego Health, the Palomar hospitals or another public entity Gov. Code 911.2.
• One year from discovery: the clock starts when you knew, or reasonably should have known, about the injury.
• 90 days before suit: written notice of intent to sue. Serving it in the last 90 days of the limitations period extends the filing deadline by 90 days from service.
• Three years from injury: the outer limit. Apart from the 90-day notice extension, the statute extends it only for fraud, intentional concealment or a foreign object left in the body.
• Two years: written claim to the federal agency for VA care 28 U.S.C. 2401(b).

Children have longer periods in some cases. Our statewide medical malpractice page covers the minors' rule and the four elements you must prove.

The statute set the starting caps at $350,000 and $500,000, with yearly increases of $40,000 and $50,000. The caps work by category, not per defendant. One cap covers all health care providers together, such as doctors and nurses. A second covers all health care institutions together, such as hospitals and clinics. A third can apply to an unaffiliated provider or institution whose separate act caused separate harm. The amount in effect at the time of judgment, arbitration award or settlement controls.

Fees are capped by law too. A lawyer may take no more than 25 percent of the recovery if the case settles before a lawsuit or arbitration demand is filed, and no more than 33 percent after that Bus. & Prof. Code 6146. If the case goes to trial or arbitration, the lawyer may ask the court or arbitrator to approve a higher fee for good cause. Green Law Group works on a contingency fee: no fee unless we win, and no costs if we don't. If a medical mistake took a family member's life, see our wrongful death attorneys.

An injury from care at Jacobs Medical Center in La Jolla and one from care at Palomar Medical Center Escondido may land in different courthouses. Arbitration cases, such as most Kaiser claims, are heard privately by arbitrators instead of a jury. Either way, most of the work happens on paper and in depositions, and we prepare you for every step.

1. Request the full chart, including imaging, operative and anesthesia notes, nursing notes and medication logs.
2. Write a timeline of symptoms, visits and who said what, while it is fresh.
3. Keep paperwork from intake, especially anything about arbitration.
4. Avoid posting about your care on social media.
5. Call before the six-month mark if a public hospital may be involved.

If the mistake caused a spine problem, our pages on spinal cord injury claims and back injury claims explain those cases. We also handle malpractice claims across all 58 California counties. Our office is in the UTC area near I-5 and La Jolla Village Drive, and we meet clients by phone, video or in person. Contact our office any time.