【法律】Medical Malpractice in California: What Counts and How to Build a Strong Case | BECKER LAW GROUP

Becker Law Group, with offices in Pasadena and Alhambra, is a recognized leader in handling complex medical malpractice and catastrophic injury cases across California. The firm provides survivor-centered, bilingual advocacy for patients and families harmed by healthcare errors, negligence, or substandard care.

Legal Framework in California
Medical malpractice occurs when a healthcare provider—doctor, nurse, hospital, clinic, or allied professional—fails to meet the accepted standard of care, resulting in injury, illness, or death. California law strictly regulates these claims under the Medical Injury Compensation Reform Act (MICRA), imposing caps, deadlines, and unique procedural rules.

What Counts as Medical Malpractice?
To pursue a valid claim, plaintiffs must prove all of the following:

• Doctor–Patient Relationship: The provider owed a duty of care.

• Breach of Standard: The provider’s actions (or failure to act) fell below the accepted standard, as measured by expert testimony.

• Causation: The breach directly caused injury, not just a bad outcome or pre-existing condition.

• Damages: The patient suffered measurable harm (physical, emotional, or financial).

Common examples include:

• Surgical errors, misdiagnosis, delayed diagnosis, anesthesia mistakes

• Medication errors (wrong drug, dose, or patient)

• Birth injuries, improper discharge, failure to obtain informed consent

• Hospital-acquired infections due to poor hygiene or staff negligence

Special Rules and Limitations

• Non-Economic Damages Cap: MICRA limits pain and suffering damages (currently $350,000–$500,000, depending on the case and date of injury).

• Statute of Limitations: Claims must generally be filed within one year after discovering the injury, or three years from the date of harm (whichever comes first). Special rules apply for minors.

• Pre-Suit Notice: Written notice must be given to the healthcare provider at least 90 days before filing suit.

Building a Strong Medical Malpractice Case

1. Act Quickly: Preserve all records, gather bills, and consult legal counsel as soon as possible.

2. Obtain Medical Records: Secure complete charts, test results, and discharge summaries. Do not alter or discard any documents.

3. Expert Review: Attorneys will consult independent medical experts to evaluate whether standards were breached and link causation.

4. Calculate Damages: Document all medical expenses, lost income, future care needs, and personal impacts.

5. Follow All Procedures: Comply with pre-suit notices, deadlines, and any additional requirements under MICRA.

Special Considerations

• Immigrant and non-English-speaking patients: California law protects all patients, regardless of immigration status. Becker Law Group offers Mandarin, Cantonese, and Spanish support.

• Multiple Parties: Hospitals, clinics, nurses, specialists, or device manufacturers may all be liable depending on the facts.

• Insurance Issues: Medical liability insurers and hospital defense teams may aggressively contest claims; experienced legal representation is crucial.

Conclusion
Medical malpractice law in California is highly complex and deadline-driven, with powerful defenses for healthcare providers. A strong claim demands swift action, meticulous documentation, and expert legal support. Becker Law Group’s trauma-informed, bilingual counsel helps families navigate these challenges and pursue accountability and fair compensation.

Sources:

• California Civil Code §3333.2 (MICRA)

• Judicial Council of California: Medical malpractice resources

• Becker Law Group malpractice litigation center

• [LA Times, Reuters: Major medical negligence case coverage]