California Medical Malpractice Attorneys

At DearLegal, we connect you with experienced California medical malpractice attorneys who understand MICRA, the AB 35 cap increases, the 90-day Notice of Intent requirement under CCP § 364, and the unique procedural traps of California med-mal practice.

Free to use — no fee unless you win
Matched with a California attorney in 24 hours
30,000+ plaintiffs served nationwide

Free California medical malpractice case review

A California attorney will take a look. Or call 1-833-WELEGAL.

How we match your California medical malpractice case

When you submit a California medical malpractice matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A medical malpractice matter needs someone who handles medical malpractice work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under California law, so it goes to an attorney licensed in California who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

Get started How DearLegal works

DearLegal provides marketing and matching services and is not a law firm, and is not a State Bar-certified lawyer referral service. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Exhibit A

What happens with a medical malpractice claim in California

Day 0
It happens.
Get medical care and keep every record — photos, names, the report number. In California, what you document now is what your claim is built on.
Within 24 hours
Tell us what happened.
Two minutes on this page. A California medical malpractice attorney reviews it for free and, if it’s a fit, you’re matched within 24 hours.
Weeks 1–4
Your attorney builds the file.
Reports, medical records, witnesses, camera footage, insurance policies. This is the part insurers hope you skip.
Months 1–6
Demand and negotiation.
Your attorney sends a demand and negotiates with the insurer. Most claims resolve here.
Before the 1-year deadline
Suit is filed if it has to be.
California gives 1 year from the date it happened. Filing keeps your leverage; missing it ends the claim.
Resolution
Settlement or verdict.
You pay nothing along the way. The fee — typically 33% — comes only out of what’s recovered. If nothing is recovered, you owe nothing.

Statute of Limitations: 1 year
1 year from discovery, or 3 years from injury — whichever is earlier (CCP § 340.5)
Notice of Intent: 90-day Notice
90-day Notice of Intent to sue required under CCP § 364 before filing
Non-Economic Damages Cap (MICRA, post-AB 35): $430k
Personal injury: ~$430,000 (2026), rising to $750,000 by 2033; wrongful death: ~$600,000 (2026), rising to $1,000,000 by 2033 (Civ. Code § 3333.2)
Arbitration Agreements: Kaiser
Kaiser and many providers require binding arbitration; enforceability governed by CCP § 1295
Government Claims Notice: 6 months
6 months to file a government claim against public providers under Gov. Code § 911.2
Typical attorney fee: 33%
33%–40% contingency — no fee unless you win

California medical malpractice cases are governed by MICRA (Medical Injury Compensation Reform Act). For decades MICRA capped non-economic damages at $250,000 — but AB 35 (effective January 1, 2023) replaced that with a phased increase: as of January 2026 the cap is approximately $430,000 for non-death claims and $600,000 for wrongful death, rising to $750,000 / $1,000,000 by 2033 with annual 2% inflation after. Multiple categories can apply when multiple defendants or claims are at issue. California also requires a 90-day Notice of Intent under CCP § 364 before filing, and the SOL under CCP § 340.5 is 1 year from discovery / 3 years from injury (whichever is earlier).

Exhibit B

When to call a medical malpractice attorney in California

Does any of this sound like you? Tap what applies.

Exhibit C

Medical Malpractice cases we take in California

Which one is closest to yours?

Surgical errors

Wrong-site surgery, retained instruments, nerve and organ injury, post-op infections at UCSF, Cedars-Sinai, Stanford, Sharp, and Kaiser facilities.

Sound like yours? A California attorney reviews it free — no fee unless they win.

Start my free review

Exhibit D

How much do California medical malpractice attorneys cost?

Sample settlement statement

California · Medical Malpractice

Recovery$100,000

Fee · 40% of first $50k− $20,000

Fee · 33⅓% of next $50k− $16,667

Fee · 25% of above $100k—

Case costs (advanced by firm)repaid at the end

To you$63,333

Due today$0

Try a different recovery$100,000

$5,000$3,000,000

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Most California medical malpractice attorneys work on contingency: the fee is a share of what they recover, and nothing if they don’t.

Medical malpractice attorney fees in California are capped on a sliding scale under Bus. & Prof. Code § 6146 — 40% of the first $50,000, 33-1/3% of the next $50,000, 25% of the next $500,000, and 15% of anything over $600,000. Case costs are advanced by the firm and deducted from the recovery only if the case wins.

A good attorney walks through every number at your free consultation — before you sign anything.

Get startedTakes about two minutes. No obligation.

Exhibit E

What your California medical malpractice compensation can include

A California medical malpractice recovery is built from several parts. Tap one to see what it covers.

Economic Damages (No Cap)

Past and future medical bills, lost wages, lost earning capacity, life-care plans, rehabilitation costs — uncapped under MICRA.

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Exhibit F

California medical malpractice questions, answered

Still unsure? Tell us what happened and a California attorney will review it for free.

Start free review

Under CCP § 340.5, the SOL is the earlier of: (1) 3 years from the date of injury, or (2) 1 year from the date the injury was or should have been discovered. There are limited exceptions for foreign objects, fraudulent concealment, and minors. Claims against public providers require a 6-month government claim under Gov. Code § 911.2. The CCP § 364 Notice of Intent tolls the SOL by up to 90 days in some circumstances.

MICRA (Civ. Code § 3333.2) historically capped non-economic damages at $250,000 in California med-mal cases. AB 35 replaced the flat cap with a phased increase starting January 1, 2023. As of January 2026, the cap is roughly $430,000 for personal-injury cases and $600,000 for wrongful death, with annual increases through 2033 to $750,000 / $1,000,000, followed by 2% annual inflation adjustments. Up to three separate caps can apply in multi-defendant or multi-category cases. Economic damages remain uncapped.

CCP § 364 requires the plaintiff to give each defendant 90 days’ written notice before filing suit. The notice must describe the injury and the legal theory. If served within 90 days of the SOL, the SOL is tolled for 90 days. Failure to comply is not jurisdictional but can subject counsel to State Bar discipline.

Kaiser Permanente member agreements require binding arbitration under CCP § 1295. Kaiser med-mal claims proceed before a neutral arbitrator (not a jury) under a separate procedural framework. MICRA and the AB 35 cap still apply, but discovery, hearings, and decisions follow arbitration rules.

Surgical errors, missed or delayed cancer diagnosis, birth injuries, medication errors, anesthesia errors, hospital-acquired infections, ER malpractice, radiology errors, OB/GYN errors, and nursing home neglect. The case must show standard of care, breach, causation, and damages, all proven by qualifying expert testimony.

Most cases take 24–48 months. Catastrophic-injury cases (birth injury, paralysis, wrongful death) routinely take 3–5 years given expert work, depositions, and motion practice. Kaiser arbitration cases often resolve faster than civil filings.

Under Bus. & Prof. Code § 6146, attorney fees in MICRA cases are capped on a sliding scale (40% of the first $50,000, 33-1/3% of the next $50,000, 25% of the next $500,000, and 15% of anything over $600,000). For non-MICRA portions, typical contingency is 33-40%. Costs are advanced by the firm.

Medical Malpractice attorneys by city in California

Same California rules and the same attorneys — with what’s local to each city.

Other case types in California

All California practice areas →

Animal Incident attorneysCalifornia holds dog owners strictly liable for bites — the owner pays even if the dog had never bitten anyone before.

Business Dispute attorneysCalifornia bans most non-compete clauses, which shifts the leverage in partnership and employment disputes.

Car Accident attorneysPure comparative fault means even partially at-fault drivers can recover — an attorney protects your share against insurer pushback.

Consumer Protection attorneysCalifornia’s consumer-protection and unfair-competition laws give consumers some of the strongest claims in the country.

Criminal Defense attorneysCalifornia’s criminal code, Three Strikes law, and newer resentencing rules require counsel who knows the local DA office.

Defective Product attorneysCalifornia pioneered holding manufacturers strictly liable for defective products — and still leads on consumer-protective doctrine.

Employment attorneysCalifornia’s state civil-rights agency and worker-protection laws give employees more leverage than federal law alone — if filed on time.

Family Law attorneysCalifornia is a community-property state, and the law traces separate-property contributions back through the marriage — math matters here.

Immigration attorneysCalifornia has the largest immigrant population in the U.S. — and immigration courts in San Francisco, Los Angeles, and San Diego each run on different timelines.

Lemon Law attorneysCalifornia’s Lemon Law lets you recover up to 2x actual damages plus attorney fees from the manufacturer.

Personal Injury attorneysA 2-year filing deadline and pure comparative fault frame every California PI case — the math of your recovery starts here.

Slip and Fall attorneysCalifornia premises liability turns on notice and reasonableness — courts have set clear rules for how often stores must inspect for hazards.

Social Security Disability attorneysCalifornia’s SSA hearing offices (Oakland, Los Angeles, San Diego) handle some of the country’s longest waits — an attorney accelerates and strengthens your claim.

Workers’ Compensation attorneysCalifornia’s workers’ comp division runs hearings statewide — and the state’s medical-evaluator process can make or break your impairment rating.

California Medical Malpractice Attorneys

How we match your California medical malpractice case

Case type

Size and complexity

Jurisdiction and licensing

Capacity and fit

What happens with a medical malpractice claim in California

It happens.

Tell us what happened.

Your attorney builds the file.

Demand and negotiation.

Suit is filed if it has to be.

Settlement or verdict.

When to call a medical malpractice attorney in California

Medical Malpractice cases we take in California

Surgical errors

Misdiagnosis and delayed diagnosis

Cancer diagnosis delays

Birth injuries (cerebral palsy, HIE)

Medication errors

Anesthesia errors

Hospital-acquired infections

Nursing home neglect

ER malpractice

Radiology errors

OB/GYN malpractice

Wrongful death from medical negligence

How much do California medical malpractice attorneys cost?

What your California medical malpractice compensation can include

Economic Damages (No Cap)

Non-Economic Damages (MICRA Cap)

Punitive Damages

Wrongful Death

Elder Abuse Remedies

Future Care Costs

California medical malpractice questions, answered

Medical Malpractice attorneys by city in California

Other case types in California

Ready when you are.

Your help is just

a minute away.

Start your case

in minutes.