James S. Bostwick

My practice focuses on complex injury cases with an emphasis on medical malpractice and legal malpractice cases, particularly those involving catastrophic injuries such as brain and spinal cord injuries, amputations, and serious injuries to children. I have handled hundreds of complex negligence cases in courts across the country, including in the states of California, Washington, Nevada, Arizona, Florida, Colorado, Oklahoma, and Hawaii.

What makes this work unique is the level of preparation and specialized knowledge required to be successful. These cases often involve complicated medical and technical issues. They always involve significant damages, and the opposing parties invariably have substantial resources. We must assume each case will require advancing costs in the hundreds of thousands of dollars, and every case must be prepared for trial to have any reasonable chance at resolution. It is well-known that medical malpractice matters are probably the most difficult and high-risk cases a lawyer can undertake.

Clients often ask whether they have a case and what their claim may be worth. The answer cannot be reasonably given without extensive investigation and information. It depends on the facts, what evidence can be developed, the nature of the injury, and very much on what its long-term impact will be on the life of the client. In medical malpractice cases, I am also frequently asked whether a bad medical outcome means malpractice occurred. It certainly does not necessarily indicate there was a breach of the standard of care. There are many inherent risks in the practice of medicine, and very few of them fall into an unacceptable category. These cases require careful review of the medical records. They can only be successful if qualified medical experts opine that there is improper care.

Most of our cases are in California, and the state has legislated caps on all non-economic damages. In a non-medical case, often the largest potential area of damage relates to the impact on an injured person’s quality of life. If a plaintiff is brain damaged, paralyzed, or has lost a loved one, juries are not limited in the amount they can assess to compensate for these important elements of loss. In such cases, the pain and suffering, the emotional impact, and the loss of a reasonable quality of life often result in huge awards. In California medical malpractice cases, these non-economic damages are strictly limited to very low amounts. In these medical cases, we must concentrate only on future economic needs like attendant care, loss of earnings, and medical care. Brain injuries, spinal cord injuries, amputations, and birth injuries can affect every aspect of a person's life, so it is critical to convert this to future economic needs for a reasonable recovery. Understanding the full economic impact of an injury is essential.

Medical malpractice cases are complex in the extreme and require a thorough understanding of complicated medical issues. The trial lawyer must find a way to reduce that complicated information to something that can be understood by twelve lay people from all walks of life

I was raised in a medical family and was premed in college. I love medicine and was drawn to medical malpractice trial work because it is where I am comfortable. I particularly enjoy the challenge of trial advocacy. The entire process combines detailed investigation, legal analysis, and ultimately the opportunity to meet a worthy adversary in the Courtroom Arena and test your preparation, your skill at cross-examination, your knowledge, and your ability to persuade. Perhaps the most important inspiration is the opportunity to help people whose lives have been profoundly affected by serious injuries. We can’t change what has happened to these people,

but we can – perhaps – have a profound impact on their future. If successful, we can perhaps give them some financial stability, some help in the home, and perhaps provide the family with confidence that their loved one has a more secure economic future. If there is a positive resolution, the goal is for the injured plaintiff to have sufficient economic means to be properly cared for when the family is gone. Accomplishing this for injured people and families has reinforced that commitment throughout my career – that is what keeps me going.

I love to garden and enjoy my family, especially my grandchildren.

I very much love to write. I am the author of a published novel, “Acts of Omission,” which won the National Talk Radio “Firebird Award” for the top legal thriller in 2020. It was also nominated for the 2020 Harper Lee Award for Legal Fiction. It is available on Amazon as an e-book and also as an audiobook on Audible. My goal in writing it was to tell a fun story but also give the reader an experience that was truly authentic from a legal process standpoint. It is loosely based on a famous case I tried back in the ‘80s. Soon I will start the sequel?

I have remained deeply interested in trial advocacy and the legal profession throughout my career. I try to teach as much as I can, and I value the opportunity to work with other remarkable trial lawyers through organizations such as the Inner Circle of Advocates, the International Academy of Trial Lawyers, and the American Board of Trial Advocates.