When you seek medical care, you trust that your doctor, nurse, or hospital will meet the standard of care expected of a competent medical professional. When that trust is broken — through a missed diagnosis, a surgical error, a medication mistake, or a failure to warn you of known risks — the result can be a serious, sometimes permanent injury. Medical malpractice cases are among the most complex personal injury claims because California has a specific set of laws, known as MICRA (the Medical Injury Compensation Reform Act), that apply only to claims against healthcare providers.
Common Types of Medical Malpractice
- Misdiagnosis or delayed diagnosis
- Surgical errors, including wrong-site surgery
- Medication errors and dangerous drug interactions
- Birth injuries
- Anesthesia errors
- Failure to obtain informed consent
- Hospital-acquired infections due to unsanitary conditions
California’s MICRA Rules
Medical malpractice claims in California follow a different statute of limitations than most personal injury cases. Under Code of Civil Procedure § 340.5, you generally have three years from the date of injury or one year from when you discovered (or reasonably should have discovered) the injury — whichever comes first. MICRA also caps non-economic damages (compensation for pain and suffering) in medical malpractice cases. As of 2026, that cap is $470,000 for cases that don’t involve a death, and $650,000 for cases involving wrongful death. These caps are scheduled to increase annually until 2033. Importantly, there is no cap on economic damages — your past and future medical costs, lost income, and lost earning capacity are fully recoverable. California also requires a formal notice of intent to sue be served on the healthcare provider before filing a lawsuit, which can extend your filing deadline by up to 90 days.
Why These Cases Require an Experienced Attorney
Medical malpractice claims require expert medical testimony to establish that a provider deviated from the accepted standard of care and that the deviation caused your injury. These cases are resource-intensive to build and are typically defended aggressively by hospitals and their insurers.
Frequently Asked Questions
How long do I have to file a medical malpractice claim in California? Generally three years from the date of injury, or one year from when you discovered the injury, whichever comes first — under Code of Civil Procedure § 340.5. Is there a cap on what I can recover? Non-economic damages (pain and suffering) are capped — $470,000 for injury cases and $650,000 for wrongful death cases as of 2026. Economic damages like medical bills and lost income are not capped. Do I need an expert witness? Yes. California requires expert medical testimony to establish that a provider’s care fell below the accepted standard and caused your injury. What does it cost to hire a medical malpractice lawyer? We work on contingency: no fee unless we win. If you or a loved one has been harmed by a medical provider’s negligence in Los Angeles or anywhere in California, contact The Law Office of Joshua P. Koshki for a free consultation. Free consultation. No fee unless we win.
Serving These California Communities
We help injury victims throughout the Los Angeles area and across California, including:
