Important Notice: The following overview of California's medical malpractice laws. This is not intended to provide a complete analysis of medical malpractice law and may not reflect subsequent changes in the law. For an explanation of your rights under California’s medical malpractice law, or for a determination of how the law applies to a specific incident or injury, please consult a malpractice lawyer licensed to practice in the state of California.

Medical malpractice, sometimes referred to as medical negligence, occurs when a doctor, nurse or other health care provides, fails to use the level of skill, knowledge, and care in diagnosis and treatment that other reasonably careful medical providers would use in similar circumstances, and as a result causes injury damage or harm to the patient. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:

• Misdiagnosis of, or failure to diagnose , a disease or medical condition;
• Failure to provide appropriate treatment for a medical condition;
• Unreasonable delay in treating a diagnosed medical condition;

Medical malpractice actions can be brought by the injured patient or their family members in cases where the patient dies against any responsible licensed health care providers, including doctors, nurses, and hospitals.

California limits noneconomic damages in medical malpractice cases to $250,000.00. Noneconomic damages are as follows:

In cases involving injury to the patient: Pain, suffering, mental and emotional distress

In wrongful death cases (those involving the death of the patient): Loss of love, comfort care companionship, society, solace and moral support.

Expert witnesses in malpractice cases are medical doctors who have special knowledge, skill, training and experience to evaluate the specifics of the case and claim.

Under a traditional rule of joint and several liability, where more than one defendant is found liable for the injury suffered by a plaintiff, each defendant is individually liable for the entire amount of the judgment, such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount of the judgment. Under California law, in malpractice cases involving noneconomic damages such as "pain and suffering", the proportional fault of each defendant is determined, and each defendant is liable only for the amount of any such damages they are proportionately responsible for causing. Defendants are jointly and severally liable for economic damages.

Medical malpractice actions must be commenced within 3 years from the date of the injury, or one year from the date the plaintiff discovers or reasonably should have discovered the injury, whichever occurs first. If the medical malpractice action is based upon the presence of a foreign object having no therapeutic benefit, found inside the plaintiff's body, the statute of limitations does not start to run until the plaintiff discovers, or should have discovered, the object. The periods of limitation for medical malpractice apply to minors six years of age and older. For medical malpractice actions involving minors below the age of six including injuries occurring at birth, the action must be filed within three years of the date of the injury or before the minor's eighth birthday, whichever period is greater.

California imposes a sliding scale for plaintiffs' attorney fees. Fees are not to exceed 40% of the first $50,000.00 recovered, 33 1/3% of the next $50,000.00, 25% of the next $50,000.00, and 15% of damages exceeding $600,000.00.

California permits and enforces contracts for arbitration of malpractice claims.

Upon the request of a party there is mandatory periodic payment of future damages awards in excess of $50,000.00. If the plaintiff dies before all payments have been made the judgment may be modified by the court, although payments continue to parties to whom the plaintiff owed a duty of support.

Medical malpractice law is a highly technical field of law, and malpractice lawsuits tend to be fiercely defended by well-funded defense firms.

Medical malpractice lawsuits can be exceptionally expensive to pursue, with costs often exceeding $100,000.00. Due to the technical skills involved in prosecuting a malpractice claim, the possibility that an inexperienced lawyer may not be sufficiently conversant with the medical issues, or might make a technical error which causes a case to be lost or dismissed, and the very high costs the malpractice law firm typically must advance, an injured patient is very well served by going with a specialist firm.

If you or a loved one has been the victim of medical malpractice or have experienced the death of a loved one due the negligence of a doctor, nurse or other health care provider, please contact Steven Weinberg today and speak with him confidentially about your matter. Steve will explain your options and detail a plan for action. Your consultation is free and you will not incur any expenses until your case has been won.