Erik L. Peterson

We're unique because we are always communicating with clients.  Most of our clients have never been involved in a lawsuit, or hired a lawyer, before and find the process to be understandably a little scary.  We regularly talk with our clients to let them know what to expect along the way.  I've been practicing medical malpractice for over 30 years can spot issues long before they arise.  One of our objectives is to take our clients through the litigation process as smoothly as possible.  All of our clients have been struck with a horrible event and are too busy dealing with life to spend much time worrying  about a lawsuit.  That's why we're here.  My practice represents people who have been severely injured by medical malpractice.  Many of my cases involve wrongful death, severe brain injuries, strokes, and failure to diagnose cancer and sepsis.    

Medical Malpractice in California: Frequently Asked Questions

What is medical malpractice?

Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider fails to act with the level of care that a reasonably prudent medical professional would provide under similar circumstances, resulting in injury to a patient.

How long do I have to file a malpractice lawsuit in California?

In most cases, you must file a medical malpractice lawsuit within one year from the date you discovered (or should have discovered) the injury, or within three years from the date of the malpractice—whichever occurs first.
Certain exceptions may apply depending on the facts of your case, the patient’s age, or the type of facility involved. You should consult an attorney to determine the exact deadline that applies to your situation. (See California Code of Civil Procedure § 340.5.)

Is there a cap on damages in California?

Economic damages—such as medical expenses and lost earnings—are not capped in California.
However, non-economic damages (commonly referred to as “pain and suffering”) are limited under the Medical Injury Compensation Reform Act (MICRA).

• For personal injury cases: The cap began at $350,000 in 2023 and increases by $40,000 each year until it reaches $750,000 in 2033.

• For wrongful death cases: The cap began at $500,000 in 2023 and increases by $50,000 each year until it reaches $1,000,000 in 2033.

Who can be sued for malpractice?

Any licensed healthcare provider may be held responsible for malpractice, including doctors, nurses, hospitals, pharmacists, anesthesiologists, and other medical professionals.

How much does a malpractice lawyer cost?

Most California medical malpractice attorneys work on a contingency fee basis, meaning you pay no upfront costs and the attorney only receives a fee if they successfully recover compensation for you.

How long does a malpractice case take?

The time it takes to resolve a malpractice claim varies by case type, complexity, and county. On average, cases take 18 to 24 months to conclude. Some cases qualify for preference trial settings, which can shorten the timeline.

What should I do if I suspect malpractice?

If you believe you’ve been a victim of medical malpractice:

1. Seek appropriate medical treatment right away.

2. Obtain and preserve your medical records.

3. Write down what happened while the details are fresh.

4. Contact an experienced medical malpractice attorney as soon as possible.