Medical Malpractice Attorney
If a doctor, hospital, or healthcare provider’s mistake caused you harm, our California medical malpractice attorneys will fight to hold them accountable and secure the compensation you deserve.
If You Need An Attorney For Your Medical Malpractice Case You Need The Best
At Benji Personal Injury Attorneys, we understand how devastating medical negligence can be for patients and their families. Our team investigates every detail of your case, working with medical experts to review records, identify errors, and prove where standards of care were violated. We handle all communication with hospitals, insurers, and defense lawyers, building a strong claim that reflects the full impact of your injuries.
Personal Injury Attorneys For Medical Malpractice Claims in California
Written by Daniel Benji, Esq. head attorney of Benji Personal Injury Accident Attorneys A.P.C.
“When medical professionals fail to provide proper care, we step in to hold them accountable and fight for the justice patients deserve.”
Understanding medical malpractice in California
Medical malpractice occurs when a healthcare provider’s negligence causes harm to a patient by failing to meet the accepted standard of care. These cases are often complex and require careful review of medical records, expert testimony, and a deep understanding of both medical and legal standards. In California, victims of medical negligence have the right to pursue compensation for the injuries and losses they suffer, but proving malpractice requires demonstrating that a provider’s conduct directly caused harm that could have been prevented.
What constitutes medical malpractice
Not every bad medical outcome qualifies as malpractice. Under California law, a medical malpractice claim must show that the provider breached their duty of care, meaning they failed to provide the level of treatment and attention that a reasonably skilled professional in the same field would have provided under similar circumstances. When a provider’s actions or lack of action fall below this standard and cause injury, they may be held legally responsible.
Common examples of medical negligence
Medical errors can occur in many settings, from hospitals and surgical centers to clinics and private practices. Some of the most frequent types of malpractice include:
Surgical errors: Mistakes during surgery, such as operating on the wrong site, leaving instruments inside the body, or causing avoidable complications.
Misdiagnosis or delayed diagnosis: Failing to correctly diagnose a condition in time, leading to worsening illness, ineffective treatment, or preventable death.
Medication mistakes: Prescribing the wrong drug or dosage, failing to check for dangerous interactions, or administering medication improperly.
Birth injuries: Errors during pregnancy, labor, or delivery that result in injuries to the baby or mother, such as cerebral palsy, nerve damage, or maternal hemorrhage.
Anesthesia errors: Mistakes in administering anesthesia that cause brain damage, cardiac arrest, or other life-threatening complications.
Hospital negligence: Inadequate patient monitoring, unsanitary conditions, or understaffing that leads to infections, falls, or untreated medical conditions.
Proving a medical malpractice claim
Medical malpractice cases require more than showing that a mistake occurred. To succeed in a claim, your attorney must establish four key legal elements:
Duty of care: The provider had a legal duty to treat you according to accepted medical standards.
Breach of duty: They failed to meet those standards through an act or omission.
Causation: The breach directly caused your injury or worsened your condition.
Damages: You suffered measurable harm, including medical costs, lost income, or long-term disability.
Because these cases rely heavily on expert testimony and technical medical evidence, having experienced legal representation is essential to building a compelling argument and proving negligence in court.
Navigating a medical malpractice personal injury case
Pursuing a medical malpractice claim in California involves multiple legal steps and strict deadlines. These cases require meticulous preparation, expert support, and strategic advocacy to ensure that victims are fairly compensated for the harm they have endured. At Benji Personal Injury Attorneys, we guide clients through every phase of this process, from initial investigation to litigation, with the skill and dedication these complex cases demand.
The statute of limitations for medical malpractice claims
California law imposes strict time limits on when you can file a medical malpractice lawsuit. Generally, you must file within:
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One year from the date you discovered, or reasonably should have discovered, the injury caused by medical negligence
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Three years from the date the injury occurred, whichever comes first
There are limited exceptions for minors, cases involving fraud, or situations where a foreign object was left inside the body. Missing these deadlines can permanently bar you from seeking compensation, so it is crucial to speak with an attorney as soon as possible.
Damages available in medical malpractice cases
Victims of medical malpractice may be entitled to recover compensation for both economic and non-economic losses, which can include:
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Medical expenses: Costs of surgeries, hospitalizations, follow-up care, medications, and rehabilitation.
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Lost income and earning capacity: Wages lost during recovery and future income if you are unable to return to work.
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Pain and suffering: Compensation for physical pain, emotional trauma, and diminished quality of life.
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Long-term care: Expenses related to permanent disability, assistive devices, or in-home care.
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Wrongful death damages: In cases involving fatal negligence, surviving family members may seek compensation for funeral expenses, loss of support, and emotional suffering.
California also imposes a cap of $350,000 (as of 2023, increasing annually) on non-economic damages in medical malpractice cases under the Medical Injury Compensation Reform Act (MICRA). While this cap does not limit economic damages, it can impact the total amount recovered, making skilled legal advocacy even more important.
Why experienced representation matters
Medical malpractice claims are among the most challenging personal injury cases to prove. They require not only legal expertise but also access to respected medical experts, detailed investigation, and strategic negotiation. At Benji Personal Injury Attorneys, we handle every step of the process:
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Reviewing medical records and consulting specialists to identify errors
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Working with expert witnesses to testify on standards of care and causation
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Calculating the full scope of your damages, including future care needs
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Negotiating with healthcare providers and insurers for a fair settlement
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Taking your case to trial if a satisfactory settlement is not offered
Our mission is to level the playing field for patients against powerful hospitals, doctors, and insurance companies, ensuring that negligence does not go unpunished and that you receive the financial support you need to rebuild your life.
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