Not every bad medical outcome is malpractice — but when care falls below professional standards and causes real harm, California law provides a path to accountability. This page explains how medical negligence cases are evaluated and what makes them different from other injury claims.
When care falls below the legal standard
Medical malpractice cases turn on two questions: did the provider’s care fall below the accepted professional standard, and did that failure cause the harm? Answering them requires:
- Medical record review — determining whether care met required professional standards.
- Expert consultation — evaluating causation and identifying where failures occurred.
- Timeline analysis — assessing decisions, delays, and missed findings against what the standard of care required.
Honest evaluation first
These are among the most demanding cases in California law — special deadlines, damage caps under the MICRA framework, and a high evidentiary bar. For exactly that reason, the firm’s first job is an objective evaluation: whether the records support a claim, what the realistic scope of recovery is, and whether pursuing it serves the family’s interests.
Where a loss involves a death, the claim intersects with California’s wrongful death rules — see our wrongful death page.
Frequently Asked Questions
What is medical malpractice under California law?
Medical malpractice occurs when a healthcare provider's care falls below the accepted professional standard and that failure causes injury or death. Not every bad outcome is malpractice — the legal question is whether the provider did what a reasonably careful provider would have done in the same circumstances, which typically requires expert medical review.
How long do I have to file a medical malpractice case in California?
Generally, the earlier of three years from the date of injury or one year from when the patient discovered (or reasonably should have discovered) the injury (Code of Civil Procedure §340.5). A pre-suit notice requirement and other special rules also apply, so early review matters more in these cases than most.
Are there limits on what can be recovered?
Yes. California's MICRA framework caps non-economic damages in medical negligence cases, with the cap amounts set by statute and adjusted over time following 2022 reforms (AB 35). Economic damages — medical costs, lost income, future care — are not capped. How the caps apply to a specific case is part of the initial evaluation.
Why do these cases require expert review?
California law effectively requires testimony from qualified medical experts to establish the standard of care and causation. That is why the firm's review begins with a careful reading of the medical records and, where the facts warrant it, consultation with qualified physicians in the relevant field of medicine.
