The impact can be devastating when a trusted medical professional makes a preventable mistake. Patients may suffer lasting injuries, require long-term care, or even lose their lives due to substandard treatment. In California, victims of medical malpractice have the right to pursue justice, but the process of filing a claim can be complex and time-sensitive. Understanding the steps involved can help you make informed decisions during a challenging time.
If you believe you or a loved one has suffered harm due to medical negligence, contact our team today to discuss your legal options. Your initial consultation is free.
Why Choose Fagel Law?
Many attorneys handle a wide variety of personal injury cases, but very few focus exclusively on medical malpractice. At The Law Office of Dr. Bruce G. Fagel & Associates, we handle nothing but medical malpractice claims, giving us the insight and experience necessary to take on California’s most complex cases. Dr. Fagel is a licensed physician and trial attorney who has recovered over $1 billion for injured patients and their families.
Step 1: Determine Whether You Have a Case
Not all medical errors meet the legal threshold for negligence. To pursue a claim, you must prove that:
- A doctor-patient relationship existed
- The healthcare provider breached the standard of care
- That breach directly caused injury or harm
- The harm resulted in measurable damages (medical bills, loss of income, pain and suffering)
A knowledgeable medical malpractice attorney can help evaluate your medical records and determine whether your situation qualifies as medical malpractice under California law.
Step 2: Meet the Statute of Limitations
In California, the general deadline (statute of limitations) for filing a medical negligence claim is:
- One year from the date the patient discovered (or should have discovered) the injury
- Or three years from the date of the injury, whichever comes first
There are exceptions for minors and certain situations, but missing this deadline can permanently bar you from seeking compensation. Early legal action is critical.
Step 3: Obtain a Certificate of Merit
California law requires plaintiffs to submit a certificate of merit before filing a lawsuit. This document must be signed by a qualified medical expert who has reviewed the case and believes there’s merit to the claim. This step prevents frivolous lawsuits and ensures legitimate claims move forward.
Step 4: Attempt Pre-Litigation Resolution
Before going to trial, your attorney may attempt to resolve the matter through negotiation or mediation. Sometimes, a settlement can be reached without filing a formal lawsuit, saving time and emotional stress. However, litigation may be necessary if a fair agreement cannot be reached.
Step 5: File the Lawsuit
If settlement efforts fail, your attorney will file a formal complaint in civil court. This begins the litigation process, which includes:
- Discovery (exchange of evidence and expert testimony)
- Depositions (witness questioning under oath)
- Trial preparation
- Court proceedings and verdict
Medical malpractice trials can be lengthy and complex, but having an experienced legal team gives you the best chance at a favorable outcome.
Call Us for Experienced Representation
Navigating the medical negligence claim process in California is not something you should do alone. Dr. Bruce Fagel has successfully handled more medical malpractice cases than any other attorney in the state. If you or someone you love has been injured by substandard medical care, don’t wait.
Call us today at (800) 541-9376 or complete our online form to schedule your free consultation. Let us help you pursue the justice and compensation you deserve.
