Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury or death to the patient. This can include errors in diagnosis, treatment, surgery, medication, or aftercare. Common examples include:

Surgical errors: such as operating on the wrong body part or leaving surgical instruments inside a patient

Misdiagnosis or delayed diagnosis: leading to worsening of a condition

Birth injuries: caused by improper monitoring or delivery techniques

Medication errors: including incorrect prescriptions or dosages

Failure to obtain informed consent: before a procedure

To bring a successful medical malpractice claim in California, a plaintiff must prove that:

1. A provider-patient relationship existed;

2. The provider was negligent (i.e., did not meet the standard of care);

3. The negligence directly caused injury or harm; and

4. The injury led to specific damages such as medical bills, lost wages, or pain and suffering.

California has specific rules that apply to medical malpractice cases:

Statute of Limitations: You generally have one year from the date you discovered (or should have discovered) the injury, and no more than three years from the date of the injury, whichever comes first. Birth injuries are an exception and the child has longer to file their case.

MICRA Cap on Non-Economic Damages: Under the Medical Injury Compensation Reform Act (MICRA), non-economic damages (such as pain and suffering) are capped. As of 2023, the cap is $350,000, increasing gradually to $750,000 by 2033 and $1,000,000.00 for death cases.

Expert Witness Requirement: Plaintiffs must present testimony from a qualified medical expert to establish the standard of care and how it was breached.

Mandatory Arbitration: Some medical providers include arbitration clauses in their contracts with patients, which may require disputes to be resolved outside of court.

Medical malpractice cases are complex, expensive, and heavily contested by insurance companies. A skilled attorney can help by:

- Investigating your case and gathering critical medical evidence

- Consulting with medical experts to establish negligence

- Calculating the full extent of your damages

- Negotiating with insurance companies or litigating in court if needed

Team Mason is committed to holding negligent healthcare providers accountable. Our team has extensive experience representing victims of medical negligence across California and securing the compensation they deserve.

If you believe you or a loved one has been the victim of medical malpractice, don’t wait. Contact Team Mason today for a free consultation. We’ll review your case, explain your rights, and guide you through the legal process — so you can focus on healing. Visit our webpage at www.themasonfirm.com/medical-malpractice for more information.