Los Angeles Medical Malpractice Lawyer

When a doctor, hospital, or other medical provider makes a preventable error, the harm can last for years. A Los Angeles medical malpractice lawyer reviews whether a provider failed to meet the accepted standard of care, whether that failure caused real harm, and what losses the patient or family may be able to recover. As a Los Angeles personal injury lawyer with about 20 years of legal experience, Attorney Adrianos Facchetti helps patients and families review claims involving surgical mistakes, misdiagnosis or delayed diagnosis, birth injuries, and other serious medical errors.

At the Law Offices of Adrianos Facchetti, we offer a free consultation to help you understand what happened and whether California law may give you a path forward. Medical negligence claims require careful investigation, medical review, and early evidence collection, so it helps to start with the facts.

What is Medical Malpractice in Los Angeles?

All adverse outcomes are not necessarily medical malpractice. An unfavorable result can occur in spite of proper treatment and without any wrongdoing on the part of the healthcare provider.

The two basic questions involved in a claim for medical malpractice are the following:

• Did the provider violate the standard of care? Was the provider negligent in providing treatment that a reasonably prudent healthcare provider would give in such circumstances?
• Did this violation of the standard of care lead to damage? Was the injury or worsening of the condition a result of the medical negligence?

As these two questions are basically based on medical knowledge, medical malpractice claims rely heavily on medical evidence.

Common Types of Medical Malpractice Claims

Medical negligence can happen in a hospital, a clinic, an emergency room, or a pharmacy. Common claims include:

• Surgical Mistakes: Wrong-site surgery, an avoidable injury to an organ or nerve, anesthesia errors, or preventable harm after surgery.
• Misdiagnosis or Delayed Diagnosis: Conditions like cancer, stroke, heart attack, or serious infection are missed or diagnosed late, allowing the harm to worsen.
• Birth Injuries: Harm to a baby or mother tied to prenatal care, labor monitoring, a delayed C-section, or delivery errors.
• Medication Errors: The wrong drug, wrong dose, dangerous interactions, or failure to monitor a patient’s reaction.
• Emergency Room Errors: Missed symptoms, failure to order needed tests, or sending a patient home too soon.
• Hospital or Nursing Negligence: Preventable falls, infections, pressure injuries, or failure to monitor a patient.

A poor result in any of these areas doesn’t automatically mean negligence. The records have to show what went wrong and why.

How Medical Malpractice Is Proven

Medical malpractice in California can be proved through four key issues:

• Duty of Care: The healthcare provider had a duty of care towards the patient.
• Breach of the Standard of Care: The healthcare provider failed to act like a reasonably competent provider in those circumstances.
• Cause in Fact: The breach led to the harm.
• Harm or Damages: The patient suffered financial damages like medical bills, disability, pain, or reduced earning potential.

Typically, for most cases, a medical expert is needed to determine the standard of care and the breach of it. A jury or the insurance company is not likely to believe an allegation that simply states that there was a mistake made.

Evidence That Can Support a Medical Malpractice Claim

These cases are built largely on records. Useful evidence may include:

• Medical Records: Complete charts from every provider involved, including surgical notes, nursing notes, and discharge instructions.
• Diagnostic Testing: Lab results, imaging, and whether tests were ordered, read, and acted on in time.
• Medication Records: Prescriptions, dosing, and pharmacy records.
• Treatment Timeline: A step-by-step record of symptoms, visits, test results, decisions, and outcomes. Gaps in this timeline often reveal where care broke down.
• Second Opinions: Later providers’ findings about what was missed or what went wrong.
• Expert Review: Review by a doctor in the relevant specialty about whether the care met the standard and caused the harm.
• Hospital Policies: Where relevant, protocols for monitoring, staffing, or infection control.
• Billing and Wage Records: Proof of medical costs and lost income.
• Family or Caregiver Observations: Notes about what the patient reported and how staff responded.

It helps to start early. Records take time to obtain, memories fade, and reconstructing a detailed medical timeline gets harder months later. Write down what you remember now, including dates, names, and symptoms.

If you want to check a doctor’s license or disciplinary history, the Medical Board of California license lookup is a public source.

Compensation in a Los Angeles Medical Malpractice Case

Depending on the facts, a claim may include:

• Past medical bills
• Future medical treatment
• Rehabilitation
• Lost income
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Long-term care needs
• Lifetime care for a child with a birth injury, where supported
• Disability-related expenses
• Wrongful death damages, when malpractice causes a death

Compensation in a Medical Malpractice Case in Los Angeles

Based on the circumstances, there may be claims for:

• Previous medical expenses
• Future medical expenses
• Therapy
• Income losses
• Diminished ability to earn income
• Pain and suffering
• Emotional distress
• Care requirements
• Lifetime care costs for a child with a birth injury if applicable
• Expenses incurred due to disability
• Wrongful death compensation if malpractice results in death

California limits non-economic damages, like pain and suffering, in medical malpractice cases under the Medical Injury Compensation Reform Act, often called MICRA. Under Civil Code § 3333.2, as updated in 2023, these limits increase each year and are higher in wrongful death cases. Economic damages, like medical bills and lost income, are not capped. Because the limits change annually, the current numbers should be confirmed for any specific case.

California also limits attorney fees in medical malpractice cases. No case value can be promised. If medical negligence caused a death, a Los Angeles Wrongful Death Lawyer can explain what surviving family members may be able to pursue.

California Deadlines for Medical Malpractice Claims

Medical malpractice deadlines in California are often shorter and more complex than ordinary injury deadlines.

• General Deadline: Under Code of Civil Procedure § 340.5, a claim generally must be filed within three years of the injury or one year after the injury was discovered or reasonably should have been discovered, whichever comes first. Exceptions can apply.
• Notice Before Filing: California generally requires a patient to give the provider at least 90 days’ notice before filing a malpractice lawsuit.
• Minors and Birth Injuries: Different timing rules may apply to children.
• Public Hospitals: Claims against government-run hospitals or clinics may require a formal government claim within six months.

The right deadline depends on the facts. Records, medical review, and notice requirements take time, so waiting can create problems even when a deadline seems far away.

Difference Between Medical Malpractice and General Personal Injury

Medical malpractice lawsuits operate differently than automobile accidents or slips and falls:

• Types of evidence vary. While general personal injury lawsuits require photographs, police reports, and eyewitnesses, medical malpractice lawsuits are primarily based on medical records.
• Medical expert opinions are needed. The issue at hand will be how a reasonable health care provider would have acted, which requires an expert opinion by another doctor.
• Causation is more difficult to prove. The victim had pre-existing problems before, so the lawsuit must prove what additional damage resulted from the mistake.
• More specific laws apply. There are special damages caps and notice requirements.

How We Evaluate a Potential Claim for Medical Malpractice

In evaluating an alleged medical malpractice claim, our process usually follows a methodical approach as outlined below:

• Gather Medical Records: Get all the hospital, clinic, doctor, pharmacy, and specialist medical records.
• Create a Treatment Timeline: List all the symptoms, tests, decision points, and outcomes to identify potential lapses in treatment.
• Determine the Standard of Care: Ascertain the expected conduct of a competent physician in the same situation.
• Consult Medical Experts: Involve medical experts in assessing whether the injury resulted from negligence.
• Identify Responsible Parties: Any doctor, nurse, hospital, clinic, laboratory, or healthcare provider could be responsible.
• Assess Damages: Consider medical expenses, future treatment, loss of income, and all long-term damages.
• Meet Deadlines and Notice Requirements: Ensure timely filings.

Not all potential medical malpractice cases we examine become claims. If your records do not show a case, you will be notified accordingly.

Free Case Evaluation with a Los Angeles Medical Malpractice Attorney

Prior to your appointment, we recommend that you bring the names of the physicians, hospital, or clinic, as well as dates of treatment and what was done. In addition, your current diagnosis, the medical records you may have, and if another physician has examined the problem can be useful. Tell us if the injury caused permanent damage or additional treatment was necessary.

The Law Offices of Adrianos Facchetti provides a free consultation, which is offered around the clock. We represent our clients in medical malpractice claims on a contingency fee basis, which means there is no initial fee and no fee if there is no recovery. No result can be guaranteed; however, an informative discussion will be held.

Reviewed by Adrianos Facchetti, Esq. California State Bar No. 243213. This page was reviewed for California personal injury accuracy, legal clarity, and usefulness for people reviewing possible medical malpractice claims in Los Angeles. You can verify Adrianos Facchetti’s license through the California State Bar attorney search.