Medical Malpractice Lawyer Los Angeles | Medical Negligence Attorney | Baghikian Law
Personal Injury · Los Angeles

Medical Malpractice Lawyer in Los Angeles

When a healthcare provider's negligence causes harm, California law holds them accountable. Medical malpractice cases are among the most complex in civil litigation — requiring expert testimony, detailed medical record analysis, and an attorney who understands the standard of care. Baghikian Law Firm pursues these cases with the thoroughness they demand. Free consultations.

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Medical Malpractice Law in California

Patients Trust Their Healthcare Providers With Their Lives — That Trust Must Be Honored

Medical malpractice occurs when a healthcare provider — physician, surgeon, nurse, hospital, or other medical professional — fails to meet the accepted standard of care, and that failure causes a patient harm. Not every bad medical outcome is malpractice. But when a provider's conduct falls below what a reasonably skilled medical professional would have done in the same circumstances, and a patient is injured as a result, California law provides a legal remedy.

These cases are demanding. They require gathering and analyzing extensive medical records, retaining qualified expert witnesses who can establish the applicable standard of care and explain how the defendant deviated from it, and navigating California's specific procedural requirements for medical malpractice actions. Baghikian Law Firm handles each component with precision.

Common Types of Medical Malpractice

Medical Malpractice Cases We Handle in Los Angeles

Medical negligence can occur across any specialty or setting. These are among the most common categories of medical malpractice claims in California.

01

Misdiagnosis & Delayed Diagnosis

Failure to correctly diagnose cancer, heart disease, infections, or other serious conditions — or significant delay in diagnosis — can allow a condition to progress to a point where treatment is less effective or impossible. These are among the most common and consequential forms of medical negligence.

02

Surgical Errors

Wrong-site surgery, unintended organ damage, retained surgical instruments, anesthesia errors, and improper post-operative care are actionable forms of surgical negligence. These errors often cause irreversible harm requiring additional corrective procedures.

03

Medication & Prescription Errors

Prescribing the wrong medication, incorrect dosage, failure to check for known drug interactions, or pharmacy dispensing errors can cause serious injury or death — particularly for patients with complex medication regimens or underlying conditions.

04

Birth Injuries

Negligent care during labor and delivery can cause permanent harm to newborns and mothers — including cerebral palsy, brachial plexus injuries, oxygen deprivation, and other conditions resulting from delayed C-sections, improper use of delivery instruments, or failure to monitor fetal distress.

05

Emergency Room Negligence

Failure to promptly evaluate and treat acute conditions in the emergency room — including missed heart attacks, strokes, and sepsis — can result in death or permanent disability. ER providers are held to the same standard of care as other physicians.

06

Failure to Obtain Informed Consent

California law requires healthcare providers to obtain informed consent before performing procedures — explaining material risks, alternatives, and the consequences of no treatment. Performing a procedure without adequate informed consent can give rise to a separate legal claim independent of outcome.

Elements of a Malpractice Claim

What Must Be Established in a Medical Malpractice Case

California medical malpractice cases require proving four specific elements. Each must be supported by expert medical testimony and detailed evidence from the patient's medical records.

01

Duty of Care

A doctor-patient relationship existed, establishing that the healthcare provider owed a duty to the patient to meet the applicable standard of care.

02

Breach of Standard of Care

The provider's conduct fell below what a reasonably competent healthcare professional in the same specialty would have done under the same or similar circumstances. This is established through expert witness testimony.

03

Causation

The provider's breach — not the underlying condition — directly caused the patient's harm. This element is often contested and requires expert medical opinion linking the negligent act to the specific injury suffered.

04

Damages

The patient suffered actual harm — physical injury, worsening of a condition, additional medical treatment required, lost income, or other quantifiable losses — as a direct result of the provider's negligence.

Compensation

What Medical Malpractice Victims May Be Entitled to Recover

California law allows medical malpractice victims to pursue economic and non-economic damages. Note that California's MICRA statute caps non-economic damages in medical malpractice cases — an attorney can explain how current limits apply to your specific claim.

Past and future medical expenses — including corrective procedures
Lost wages and loss of earning capacity
Physical pain and suffering
Emotional distress and psychological harm
Permanent disability and disfigurement
Loss of enjoyment of life and quality of life
Long-term care and rehabilitation costs
Wrongful death damages for surviving family members
Our Fee Structure

No Fee Unless We Win

Medical malpractice cases are handled on a contingency basis. We advance the costs of expert review, record collection, and litigation. Our fee comes only from the compensation we recover for you — and only if we win.

$0 upfront
No hourly fees
Free consultation
You only pay if we win
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FAQ

Frequently Asked Questions About Medical Malpractice in California

How long do I have to file a medical malpractice lawsuit in California?
California Code of Civil Procedure Section 340.5 sets the statute of limitations for medical malpractice at three years from the date of injury, or one year from the date the patient discovered (or should have discovered) the injury — whichever occurs first. For minors under six years old, the period extends to three years from injury or until the child's eighth birthday, whichever is longer. These deadlines are strict and complex; contact an attorney promptly.
Is there a cap on damages in California medical malpractice cases?
Yes. California's Medical Injury Compensation Reform Act (MICRA) limits non-economic damages — pain and suffering, emotional distress — in medical malpractice cases. As of January 1, 2023, AB 35 increased these limits to $350,000 for non-wrongful death cases (rising by $40,000 annually until reaching $750,000 in 2033). For wrongful death, the cap is $500,000 (rising to $1 million by 2033). Economic damages — medical bills, lost wages — are not capped.
Do I need an expert witness to prove medical malpractice?
Yes, in virtually all cases. California requires expert medical testimony to establish the applicable standard of care and show how the defendant deviated from it. The expert must be qualified in the relevant specialty. Identifying, retaining, and preparing qualified experts is one of the most critical — and resource-intensive — aspects of a medical malpractice case. We handle this as part of our full representation.
What is the "standard of care" in medical malpractice?
The standard of care is the level of care, skill, and treatment that a reasonably competent healthcare provider in the same specialty would provide under the same or similar circumstances. It is not a standard of perfection — medicine involves uncertainty and judgment. Malpractice occurs when a provider's conduct falls meaningfully below this standard, not merely when an outcome is bad. Establishing the standard and the deviation from it requires expert testimony.
Can I sue a hospital for medical malpractice in California?
Yes. Hospitals can be held liable for malpractice under several theories — including direct negligence (inadequate staffing, policies, or equipment), negligent credentialing of physicians, and vicarious liability for employed staff (nurses, residents, employed physicians). Even when a physician is not a direct hospital employee, hospitals may face liability if they held the physician out as their agent. We identify all potentially liable healthcare entities as part of case investigation.
What is the 90-day notice requirement in California medical malpractice cases?
Under California Code of Civil Procedure Section 364, a plaintiff must serve a notice of intent to sue on the healthcare provider at least 90 days before filing the lawsuit. This notice requirement applies to all healthcare providers covered by MICRA. Failure to provide proper notice can affect the case — which is another reason why early consultation with an attorney is essential in any medical malpractice situation.

A Medical Provider's Mistake Changed Your Life. You Deserve Justice.

Serving Los Angeles, Encino, Sherman Oaks, Burbank, Glendale, and all of LA County. Call (818) 804-8901 for a free case evaluation.

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