Medical Malpractice Lawyer in California

Medical malpractice in California is professional negligence by a health care provider. Under California law, a claim generally requires (1) a duty arising from a provider–patient relationship, (2) a breach of the applicable standard of care, (3) a causal connection between that breach and the injury, and (4) resulting harm. California courts treat medical negligence as negligence—evaluated against the skill and care of a reasonably careful professional in similar circumstances—not a guarantee of a perfect outcome.

The standard of care depends on the provider. Physicians, specialists, nurses, and hospitals are measured against what a careful practitioner or facility in that role would do under similar circumstances. Specialists are held to a specialist standard. Hospitals may also face claims for unsafe environments or inadequate screening of medical staff. A bad result alone is not malpractice: California jury instructions make clear that success is not required, and providers may choose among accepted alternative methods of care.

Common issues in California medical negligence cases include failure to diagnose or treat, surgical and anesthesia errors, medication mistakes, failure to refer to a specialist, patient abandonment, and hospital-system failures. In some situations—such as instruments left in the body—res ipsa loquitur may allow a jury to infer negligence when the harm ordinarily would not occur without negligence while the patient was under the provider’s care.

Informed consent is a separate but related path. Consent is “informed” only after the provider adequately explains the proposed treatment, including risks a reasonable person would consider important and risks of death, serious injury, or significant complications. A claim for failure to obtain informed consent generally requires proof that the procedure was performed without that disclosure, that a reasonable person would have declined if properly informed, and that the patient was harmed by a risk that should have been explained. Related claims can involve medical battery (no consent or exceeding conditional consent) and informed refusal when risks of nontreatment were not disclosed.

Deadlines matter. California’s medical malpractice statute of limitations (Code of Civil Procedure § 340.5) typically requires filing within one year after the plaintiff discovers, or through reasonable diligence should have discovered, the injury, and no more than three years after the injury (subject to limited exceptions). Claims against health care providers also implicate MICRA rules that can affect noneconomic damages and other aspects of the case. Many cases require a certificate of merit and expert testimony on standard of care and causation.

If you or a loved one was harmed by what you believe was negligent medical care—misdiagnosis, surgical error, lack of informed consent, or hospital negligence—Jonny Law can evaluate whether California medical malpractice law supports a claim. This overview is general information only and is not legal advice about any specific case.