Medical malpractice in California, in plain words: misdiagnosis, surgical errors, birth injury, medication errors

"Medical malpractice" is the everyday name for a claim that a doctor, nurse, hospital or other health care provider caused harm by falling below the standard of care. A bad outcome on its own is not malpractice: medicine carries risk even when everything is done right. Whether something was negligent is a question for a lawyer, usually with help from medical experts.

Common kinds of cases

• Misdiagnosis and delayed diagnosis: a condition missed, mistaken for something else, or found late, where earlier diagnosis may have changed the outcome.
• Surgical errors: for example a wrong-site procedure, an instrument left behind, or an injury during surgery or anesthesia.
• Birth injury: harm to a baby or parent during pregnancy, labour or delivery, such as some brachial plexus injuries or oxygen deprivation.
• Medication errors: the wrong drug or dose, a dangerous combination, or a pharmacy dispensing mistake.

In this directory (as of November 5, 2026), 182 firms list medical malpractice, 39 firms misdiagnosis, 35 firms surgical errors, 66 firms birth injury and 37 firms medication errors, as the firms state on their own sites.

Deadlines apply

Medical negligence claims in California have time limits, and some require notice to the provider before a lawsuit is filed. When a deadline starts and how long it runs depends on the facts. We do not state deadlines here because getting one wrong could cost someone their claim: if you think you may have a case, ask a lawyer soon.

California has its own rules for these cases

California has specific laws for claims against health care providers, often called MICRA, including limits on some kinds of damages and on lawyers' contingency fees. Those rules were changed by legislation that took effect in 2023. Ask a lawyer how the current rules apply to you, and ask for the fee terms in writing.

What to keep

• Names of the providers and facilities, and dates of visits, procedures and admissions.
• Discharge papers, prescriptions, bills and any letters from the provider or insurer.
• Your own notes of what happened and when, written as soon as you can.
• You can generally ask a provider for a copy of your medical records; the provider or a lawyer can tell you how.

Complaints about a provider are separate

A complaint about a doctor's conduct goes to the Medical Board of California; other licensed professionals have their own boards. A board complaint is about the license, not about compensation: it is not a substitute for talking to a lawyer about a claim.

How to check a California lawyer's license

This is general information, not legal advice, and reading it does not create an attorney-client relationship. Deadlines apply to these claims; ask a lawyer about yours. Find Malpractice Lawyers is a directory, not a law firm or lawyer referral service.