Medical Malpractice Attorney in Los Angeles: Your Rights

Medical malpractice is a professional negligence on the part of the healthcare provider and that causes the treatment to have an unacceptable standard of practice in the medical community. A medical malpractice attorney in Los Angeles can represent you in a lawsuit for medical malpractice in Los Angeles or in any other city in the state of California.

Quick Facts
Types of medical malpractice	– misdiagnosis or delayed diagnosis, – failure to treat, – surgical errors, – birth injuries, – medical product liability
Injuries caused by medical malpractice	– post-surgical illness, – incorrect treatment which can lead to an exacerbation of an existing problem, – adverse events caused by incorrect medication
Severe injuries caused by medical malpractice	– amputation, – paralysis, – severe brain damage
Elements of negligence in a medical malpractice case	– breach of the duty of care, – injury caused by the said breach, – the damages resulting from the breach
Burden of proof	Borne by the plaintiff
Statute of limitations	– one year after discovery or three years from the date of the injury, whichever occurs first; – an exception occurs in the case of a foreign object left in the patient’s body during surgery
Grounds for extending the filing deadline	Proven fraud, intentional concealment, or a foreign body left in the patient (CCP §340.5)
Economic damages	– medical bills (current and future, related to the injury), – lost wages (current and future, caused by the injury)
Noneconomic damages	– pain and suffering, – loss of companionship, – trauma (An attorney can help claim compensation for these damages)
Estimated compensation	It depends on the injury, the losses and the evidence; an average figure cannot predict the outcome of an individual case.
Compensation limit	Since 1 January 2023 (AB 35), the cap on noneconomic damages rises each year: in 2026 it is $470,000 (injury) and $650,000 (wrongful death), increasing to $750,000 / $1,000,000
Special steps in a medical malpractice case	– establishing the doctor-patient relationship; – gathering evidence to show that there is an injury and a negligence
Intention to file the case notification	At least 90 days’ advance notice (CCP §364) must be given to the healthcare provider in Los Angeles, informing of the intention to sue.
Medical malpractice in case of minor children	The lawsuit is filed by the parents/legal guardian. There is an exception to the statute of limitations in case of children younger than six years (until they turn eight)
Limits on the lawyer’s fees in medical malpractice cases	– 25% of the recovery if the case settles before a lawsuit or arbitration demand is filed; – 33% if recovered after filing (a court may allow more for good cause after trial); An attorney can explain how these limits apply.
Pure comparative fault	If you are partially responsible for your own injury or damages, any compensation you receive from a lawsuit will be reduced proportionally based on your degree of fault.
Cases of emergency room medical malpractice in California	– failure to diagnose, – improper management or performance of treatment, – failure to order medication, etc.
Filing a claim for emergency room medical malpractice	– Establish the doctor-patient relationship; – Prove the doctor’s negligence as the cause of injury and damages; – Provide evidence of specific harms, and potentially gather testimonies; – Obtain a medical expert opinion to support the claim.
Medical treatment inconsistencies	– seeking medical treatment too long after the accident, – initially consulting a doctor, but delaying or failing to follow through with the prescribed treatment for an extended period
Surgical injuries	– performing the correct operation on the wrong patient or vice versa, – surgical site infections, – foreign objects left behind, – anesthesia-related injuries, – not providing post-operative care, etc.
Misdiagnosis	– failing to diagnose treatable conditions in their early stages, – misinterpreting test results, – overlooking critical information, etc.
Witness reporting and testimony	To prove that a healthcare provider breached the standard of care in a medical malpractice case in Los Angeles, you must present the testimony of a medical expert. Please contact us through the form for more details.
Appealing a medical malpractice case	The appeal process involves filing a Notice of Appeal. The higher court (the California Court of Appeal) reviews the lower court’s decision for errors of law or unsupported factual determinations. An attorney can advise whether a decision can be appealed.
Filing on behalf of an incompetent plaintiff	If a plaintiff is legally incompetent to file a medical malpractice claim, a guardian ad litem or conservator can file on his/her behalf (CCP §372).
Medical malpractice during birth	– improper use of medical interventions, – inadequate prenatal care, – failure to diagnose maternal conditions, – labor and delivery errors, etc.
Fraud committed by health care provider	If you prove healthcare provider’s fraud or deliberate concealment, the three-year outer limit is tolled (extended), but the claim must generally still be filed within one year after discovery.
Wrongful death cases	– surgical errors, – misdiagnosis, – infections, – anesthesia complications, – failure to monitor patients’ conditions, etc.
Who can be held responsible for medical malpractice in California?	– healthcare providers, – hospitals, – pharmaceutical companies, etc.
Medical malpractice vs. personal injury cases	A medical malpractice case is a specific type of personal injury case that involves injuries or harm caused by the negligence or misconduct of healthcare professionals. Consulting a medical malpractice attorney in Los Angeles can help navigate the complexities of medical malpractice cases.
Most common cases of medical malpractice in Los Angeles	– misdiagnosis, – leaving instruments behind after surgery, – making life-altering mistakes during surgical procedures, – administering the wrong type of medicine
Assistance from a medical malpractice attorney in California	Medical malpractice attorneys in Los Angeles provide legal assistance and representation for cases involving medical malpractice in California.

What services do LA medical malpractice lawyers offer?

A medical malpractice law firm in LA can represent injured patients or family members who need support for medical malpractice cases anywhere in California. Such support can cover the entire process of obtaining rightful compensation. The main services typically include:

Evaluation on possible medical negligence;
Medical record review and documentation;
Engagement of medical experts;
Determining liability;
Determination of all losses;
Settlement with insurance companies and hospitals;
Litigation when needed;
Representation in negotiations and in court trials.

We invite you to have a look on this infographic with more information about the legal services needed for medical malpractice cases in Los Angeles:

What should be proved in a medical malpractice case in 2026?

For a plaintiff to receive damages in a California medical malpractice suit, it is usually required to prove various elements of law. Proof of adverse consequences alone from the treatment is not enough for a successful claim. Elements that have to be proved are the following:

There was a duty of care that was not fulfilled on behalf of the healthcare provider to the patient;
The healthcare provider did not provide the required medical standard of care;
The negligence led to the patient’s injury or deterioration of his/her health;
The patient incurred damages.

You can watch this video about the particularities of a case:

What compensations types can be obtained for medical malpractice cases in California?

The compensations that can be obtained through a trial by the plaintiff include: compensatory economic damages (for medical expenses and life care expenses) and/or non-economic damages (for the physical and psychological harm caused by the injury). Punitive damages are possible only in limited cases: malice, oppression or fraud must be proven (Civil Code §3294), and a court order is needed to claim them against a health care provider (CCP §425.13). A medical malpractice attorney in Los Angeles can also help if a medical malpractice case has resulted in a wrongful death.

What are the main damages of medical malpractice in California?

Some common non-economic damages in such claims include:

Emotional and psychological pain and suffering caused by the medical error;
Physical pain and suffering resulting from ongoing injury or illness;
Loss of quality of life due to disability caused by the mistake;
Loss of consortium for spouses and family members.

Who can be sued for medical malpractice in California in 2026?

Medical malpractice lawsuit in Los Angeles does not necessarily involve only the treating doctor. There are cases when more than one party will be equally responsible for that negligence. The parties who may have liability in such cases include:

Doctors and surgeons;
Nurses and physician assistants;
Hospitals and medical facilities;
Anesthesiologists;
Radiologists;
Pharmacists;
Laboratories and testing centers.

What are the aspects to consider before filing a medical malpractice claim?

When filing a medical malpractice claim, it is usually useful to remember the following characteristics for these types of claims:

the distinct statute of limitations: the one year and the three year periods that can, in some cases, be subject to a pause in how the past time is perceived;
the notification to the healthcare provider: it should be noted that the surgeon, doctor or whoever is believed to be at fault should be notified of the intention to sue within 90 days (at least) before the claim is filed;
the special cap on damages: this applies to those non-economic damages, such as pain and suffering, and the limit rises each year under AB 35 (in 2026: $470,000 for injury cases and $650,000 for wrongful death cases); this does not influence the economic losses;
the limit on the attorney’s fees: according to the local laws, attorneys who work for the plaintiff are limited when it comes to the fee they can charge in a medical malpractice case; contingency fees in medical negligence cases are capped at 25% before a lawsuit is filed and 33% after (Bus. & Prof. Code §6146); under a contingency agreement the fee is usually paid only after you receive the settlement.

How can a Los Angeles attorney prove the doctor’s fault?

Medical malpractice can occur during all types of medical procedures and, in order to be able to file a lawsuit against the medical professional who treated you, you will need to be able to prove the professional’s negligence. In medical malpractice cases, professional negligence is described as the act or omission to act by a healthcare professional, while providing professional services, when this act or omission to act is the proximate cause of a personal injury or wrongful death case.

What are the most common cases of emergency medicine malpractice in 2026?

Some of the most common cases in which emergency physicians are accused of medical malpractice include:

failure to diagnose;
improper management of treatment;
improper performance of the chosen treatment or procedure;
failure to order medication.

What is the statute of limitations in California?

The statute of limitations is the time limit within which the victim has the right to file a lawsuit. After this time has passed, the court will most likely refuse to hear the case and you can lose important compensations that could have otherwise helped you. In most personal injury cases, the victim injured in a car accident, for example, has two years to file a lawsuit against the negligent party. However, medical malpractice is treated differently and it is important for the victim to know exactly how much time he/she has to claim compensations.

Other personal injury topics covered on this site:

How can Medical Malpractice Law in California be explained?

Medical malpractice occurs when a healthcare provider breaches the existing standard of care in the medical field when providing treatments to a patient. Misdiagnosis, leaving instruments behind after surgery, and making life-altering mistakes during surgical procedures are common cases of medical malpractice. Another example is administering the wrong type of medicine, which can pose a life-threatening risk to the patient. In all these cases, it is important to seek assistance from a medical malpractice attorney in California.

For more information about medical malpractice litigation, please contact us through the form.

Responsible attorney: Marc Y. Lazo, Esq., State Bar of California No. 215998 · Last updated 29 October 2026