You Were Harmed by a Healthcare Provider's Negligence. California's MICRA Framework Sets Specific Rules for Medical Malpractice Claims.

Medical Malpractice Under California Law

California medical malpractice claims are governed by the general negligence standard of Civil Code § 1714(a), the two-year statute of limitations under Code of Civil Procedure § 335.1, and California's pure comparative fault system from Li v. Yellow Cab Co., 13 Cal.3d 804 (1975).

California requires proof of four elements in any medical malpractice negligence claim: a duty of care owed by the defendant to the plaintiff; breach of that duty; actual and proximate causation of the plaintiff's injury; and legally cognizable damages. California's pure comparative fault applies — recovery is reduced by the plaintiff's fault percentage but not eliminated.

The two-year statute of limitations under Code of Civil Procedure § 335.1 begins on the date of the injury. Government entity involvement triggers the Government Claims Act six-month administrative filing requirement under Government Code § 911.2, which runs simultaneously with the two-year civil period.

What to Do After a Medical Malpractice in California

These steps protect your legal rights and preserve critical evidence after a medical malpractice in California.

1. Seek medical evaluation immediately. Medical records linking injuries to the incident are the foundation of any personal injury claim.
2. Document the scene and preserve all evidence. Photographs, witness information, and any available surveillance footage should be secured as soon as possible.
3. Report the incident to the appropriate authority. Law enforcement, property management, animal control, or employer depending on the accident type.
4. Identify any government entity involvement. If a government vehicle, property, or employee was involved, the Government Claims Act requires an administrative filing within six months under Government Code § 911.2.
5. Do not give recorded statements to adverse insurers. You are not legally required to provide a recorded statement to the other party's insurer.

Your Legal Rights After a Medical Malpractice in California

The right to recover under California negligence law

California Civil Code § 1714(a) imposes a duty of ordinary care on every person. In medical malpractice cases, the responsible party's breach of this duty gives rise to a claim for all damages proximately caused by the breach — past and future medical expenses, lost wages, lost earning capacity, and non-economic damages including pain and suffering and emotional distress.

The right to recovery under pure comparative fault

California's pure comparative fault system from Li v. Yellow Cab Co. permits recovery regardless of the plaintiff's own fault percentage. Recovery is reduced proportionally but never eliminated. Defense arguments that the plaintiff's own conduct contributed to the incident reduce the recovery amount but cannot bar it entirely under California law.

The right to the full two-year filing period

Code of Civil Procedure § 335.1 provides two years from the date of injury to file a civil lawsuit. The discovery rule may extend this period when the injury was not immediately apparent. Tolling under § 352 pauses the period for minor victims until they turn 18.

How Fault Is Determined in California Medical Malpractice Cases

California applies pure comparative fault to medical malpractice cases. All parties whose negligence contributed to the accident — including the plaintiff — are assigned fault percentages by the jury. Total damages are reduced by the plaintiff's assigned percentage. There is no threshold that bars recovery; even a plaintiff assigned 90% fault retains the right to recover 10% of damages.

When a statutory violation caused the accident, Evidence Code § 669 creates a presumption of negligence — the violation establishes duty and breach without additional proof of unreasonable conduct. The plaintiff must still establish causation and damages.

Insurance Considerations in California Medical Malpractice Cases

California's at-fault insurance system applies to medical malpractice claims. The responsible party's liability insurer is the primary recovery source. Updated minimum liability requirements of $30,000/$60,000/$15,000 (effective January 1, 2025 under SB 1107) apply to vehicle accident cases. Other liability insurance types — commercial general liability, homeowner's liability, professional liability — apply depending on the nature of the claim.

When the responsible party is uninsured or underinsured, California Insurance Code § 11580.2 UM/UIM coverage provides a supplementary recovery mechanism for vehicle accident claims. Government entity involvement requires Government Claims Act compliance before any lawsuit.

Evidence That Matters in Medical Malpractice Cases

• Medical records and treatment documentation. Records linking the injuries to the specific incident and documenting the nature and extent of harm.
• Photographs and video evidence. Scene conditions, injury severity, and any relevant physical evidence from the time of the incident.
• Witness statements. Independent accounts of the incident and its circumstances.
• Official reports. Police, incident, or investigative reports prepared contemporaneously with the incident.
• Expert analysis. In complex cases, expert testimony on causation, damages, and applicable standards of care.