Medical Malpractice occurs when a doctor or medical professional does not act according to the standard of care required by law. This legal standard of care requires your doctor to act the way other doctors in the same practice area (obstetrics, podiatry, neurology, cardiology, etc.) would.  

Examples of Medical Malpractice: Operating on the wrong body part, Leaving objects (surgical tools, etc.) inside a patient after surgery, Administering the wrong drugs, Paralysis because of a severed nerve during surgery, Excessive radiation exposure during an x-ray, Excessive radiation exposure due to miscalibration of machinery, Improper delivery during childbirth, Mishandling or dropping of a patient during surgery or ambulance transportation Failure to diagnose a condition (cancer, tumor, injury, etc.) 

Medical malpractice does not always involve a botched surgery or other medical procedure. Malpractice can also happen if a doctor fails or refuses to act the way other doctors normally would.

Examples of this kind of malpractice are: Denial of treatment because the patient doesn’t have insurance, Failure to order tests that would have led to discovery of a condition, Failure to fully inform the patient of the risks of a procedure before surgery, Failure to fully inform the patient of the possible side effects of medication, Failure to monitor a condition, Failure to hospitalize a suicidal patient, Inappropriate sexual contact with a patient, Misrepresenting credentials or practicing medicine without a license


If you have a good case for medical malpractice, you may be entitled to damages or compensation for:  

Medical bills, Lost income, Lost future income, Pain and suffering, Loss of consortium (for spouses or domestic partners only).

If your family member has died because of medical malpractice, you may have a wrongful death, claim.


YES! This time limit, called the statute of limitations, will depend on the specific circumstances of your claim—the state in which the accident occurred, how it happened, who is involved, and other factors. Claims against most governmental entities in California must be filed with the correct agency within 6 months of the date of loss. This is why you must immediately contact an attorney when you feel that you have been injured by someone else’s actions. Your attorney will be able to determine the statute of limitations for your case and whether there is still time to make a claim.