Medical Malpractice Claim
San Diego Medical Malpractice Attorneys
Khashayar Law Group represents patients and families in California medical malpractice cases — surgical errors, misdiagnosis, medication errors, anesthesia errors, birth injuries, and failure to obtain informed consent. California medical malpractice law is governed by MICRA (the Medical Injury Compensation Reform Act), which imposes specific procedural rules and non-economic damages caps that recently changed.
MICRA and the Updated California Non-Economic Damages Caps
Under California's Medical Injury Compensation Reform Act (Civil Code §3333.2 and related provisions), as amended effective January 1, 2023:
- Non-economic damages caps in non-death cases: $350,000 in 2023, increasing annually to $750,000 by 2033, and indexed after.
- Non-economic damages caps in death cases: $500,000 in 2023, increasing to $1,000,000 by 2033, and indexed after.
- Multiple caps possible — one cap per defendant-category (one for healthcare providers, one for healthcare institutions, and one for unaffiliated providers), instead of the single combined cap that applied before 2023.
- Pre-suit notice — California Code of Civil Procedure §364 requires written notice of intent to sue at least 90 days before filing.
- Statute of limitations — California Code of Civil Procedure §340.5 generally provides three years from injury or one year from discovery, whichever comes first (with extensions for minors and fraudulent concealment).
Common California Medical Malpractice Categories
Recurring matters include:
- Surgical errors — wrong-site surgery, retained foreign objects, anesthesia errors.
- Misdiagnosis and delayed diagnosis — particularly of cancer, stroke, heart attack, sepsis, and ectopic pregnancy.
- Medication errors — wrong drug, wrong dose, dangerous interactions.
- Birth injuries — including hypoxic-ischemic encephalopathy (HIE), Erb's palsy, cerebral palsy linked to delivery errors.
- Emergency room errors — failure to diagnose time-sensitive conditions.
- Failure to obtain informed consent — performing a procedure without disclosing material risks.
How Khashayar Law Group Handles These Matters
Khashayar Law Group approaches every matter with the same trial-ready discipline that produced over $165 million in recoveries firm-wide. Daryoosh Khashayar has tried cases before juries, before judges, and before the California Court of Appeal, where he has secured multiple reversals of Superior Court rulings. He has litigated against major insurers including GEICO and Progressive, and against large corporations including Walmart and Costco.
ABOTA Membership and What It Means for Clients
Daryoosh Khashayar is a member of ABOTA — the American Board of Trial Advocates, an invitation-only organization for attorneys with exceptional verified civil jury trial experience and judicial recommendations. The firm has recovered more than $165 million for clients and prepares every matter — transactional or litigated — with the trial-readiness corporate counterparties respect.
Time Limits and Governing California Law
California Code of Civil Procedure §340.5 generally provides three years from injury or one year from discovery, whichever comes first. Different rules apply to minors (extended limits) and cases involving fraudulent concealment, foreign objects, or government-employed providers. A pre-suit notice under §364 must be served at least 90 days before suit.
Frequently Asked Questions
How long do I have to file a California medical malpractice claim?
Three years from injury or one year from discovery, whichever comes first, under California Code of Civil Procedure §340.5 — with extensions for minors, fraudulent concealment, and foreign objects.
What's the cap on California medical malpractice damages?
Economic damages (medical bills, lost income, future care) are uncapped. Non-economic damages are capped under the updated MICRA framework — $350,000 in 2023 non-death cases, scaling to $750,000 by 2033; $500,000 in death cases, scaling to $1,000,000 by 2033.
Do I have to give notice before filing a California medical malpractice lawsuit?
Yes. California Code of Civil Procedure §364 requires a written notice of intent to sue at least 90 days before filing the complaint.
Can I sue the hospital and the doctor?
Often yes. Hospitals can be liable directly (negligent credentialing, understaffing, failure to maintain equipment) and vicariously for the conduct of employed providers. Independent-contractor physicians may be liable directly but not vicariously through the hospital, with exceptions.
What is "informed consent" in California medical malpractice?
California law requires a healthcare provider to disclose all material risks, benefits, and alternatives that a reasonably prudent patient would consider significant. Failure to disclose material risks, when the patient would have refused the procedure had they known, can support a malpractice claim under Cobbs v. Grant.
Talk to a San Diego Medical Malpractice Attorney
Khashayar Law Group serves clients throughout San Diego and California. Consultations are free and confidential. Call (858) 509-1550 or visit our office at 1350 Columbia St., Suite 303, San Diego, CA 92101.
