1. Bostwick & Associates
Focus Area: Birth injuries, cerebral palsy, surgical errors, hospital negligence
Practice Areas: Medical malpractice, birth injuries, brain injuries, spinal cord injuries, surgical errors, anesthesia errors, emergency room negligence, wrongful death
Background: Led by a Board Certified Medical Malpractice Specialist, the firm has twice set the record for the largest medical malpractice settlements in California since 2018. James Bostwick received the Trial Lawyers “Presidential Award of Merit” and is a Nationally Certified Specialist by the American Board of Professional Liability. The firm is included in the list of “Best Lawyers in America” by U.S. News and Best Lawyers since its inception in 1983. They have achieved record-setting verdicts and settlements in four states for malpractice, truck, and auto accidents.
Location: 12100 Wilshire Boulevard, Suite 950, Los Angeles, CA 90025
Contact: (213) 519-5636 | https://www.medicalmalpracticelawlosangeles.com
Consultation: Free consultation; contingency fee basis with no fees unless recovery is achieved
2. Heimberg Barr LLP
Focus Area: Catastrophic injuries, delayed diagnosis, surgical negligence, anesthesia errors
Practice Areas: Medical malpractice, birth injuries, brain injuries, spinal cord injuries, delayed diagnosis, surgical errors, hospital negligence, wrongful death
Background: Senior Partner Dr. Steven Heimberg, M.D., J.D. is a licensed physician and surgeon in California who practiced emergency medicine for years before becoming an attorney. The firm was awarded the title of Elite Trial Lawyers by The National Law Journal, recognizing them in the field of medical malpractice. Dr. Heimberg has decades of experience taking complex injury cases to trial. The firm’s attorneys are routinely honored as being among accomplished trial attorneys in California and nationally.
Location: 5670 Wilshire Boulevard, Suite 1800, Los Angeles, CA 90036
Contact: (310) 277-7747 | https://heimbergbarr.com
Consultation: Free case evaluation available
3. The Law Offices of Dr. Bruce G. Fagel & Associates
Focus Area: Birth injuries, cerebral palsy, brain injuries, Kaiser arbitration cases
Practice Areas: Medical malpractice, birth injuries, cerebral palsy, brain injuries in adults and children, surgical errors, misdiagnosis, hospital negligence, Kaiser arbitration
Background: Dr. Bruce Fagel practiced emergency medicine for 10 years before becoming an attorney and currently maintains his medical license in California. He has tried and settled more medical malpractice plaintiff cases than any other attorney in California. When The National Law Journal selected “The 10 Top Trial Attorneys in the Nation,” Dr. Fagel was the only medical malpractice attorney listed. He was nominated eight times by the Consumer Attorneys Association for their Trial Lawyer of the Year award. The firm has collected more than $100 million for clients in recent years. The average time to settlement is 19-20 months from the date the case is filed.
Location: 16133 Ventura Boulevard, Suite 1000, Encino, CA 91436
Contact: (800) 541-9376 | https://fagellaw.com
Consultation: Free case evaluation; contingency fee basis
4. The Trial Law Offices of Bradley I. Kramer, M.D., Esq.
Focus Area: Surgical errors, misdiagnosis, medication errors, emergency room negligence
Practice Areas: Medical malpractice, surgical errors, misdiagnosis, anesthesia errors, birth injuries, hospital negligence, defective medical devices, wrongful death
Background: Bradley I. Kramer is a licensed physician and surgeon in California as well as an attorney. With both legal and medical experience, the firm evaluates claims in-house without requiring clients to hire outside experts upfront. Dr. Kramer has decades of experience handling high-stakes personal injury and medical malpractice cases. The firm’s dual expertise in medicine and law allows them to understand medical procedures and terminology while building strong legal cases.
Location: 9100 Wilshire Boulevard, Suite 250 West Tower, Beverly Hills, CA 90212
Contact: (310) 289-2600 | https://www.biklaw.com
Consultation: Free consultation available
5. Ikuta Hemesath Law
Focus Area: Medical errors, misdiagnosis, surgical negligence, hospital malpractice
Practice Areas: Medical malpractice, surgical errors, misdiagnosis, delayed diagnosis, medication errors, birth injuries, anesthesia errors, wrongful death
Background: The firm brings more than 70 years of combined experience representing victims of medical errors. Their attorneys have achieved over $111 million in settlements in recent years. The firm is committed to fighting for justice and ensuring clients receive compensation and closure. They work with medical experts to establish breaches in the standard of care and connect those breaches to patient injuries.
Location: 655 N. Central Avenue, Suite 1420, Glendale, CA 91203
Contact: (213) 213-2222 | https://ih-llp.com
Consultation: Free consultation available
Medical Malpractice Laws in California
Statute of Limitations: Under California Code of Civil Procedure section 340.5, medical malpractice claims must be filed within one year from the date the patient discovered, or through the use of reasonable diligence should have discovered, the injury. Additionally, no lawsuit can be filed more than three years from the date of the alleged malpractice, regardless of when discovery occurred, whichever deadline comes first.
Notice Requirement: California Code of Civil Procedure section 364 requires that a potential medical malpractice defendant receive formal written notice of the plaintiff’s intention to file a lawsuit at least 90 days before the case is filed. If this notice is served within 90 days of the statute of limitations expiring, the time limit for filing is extended 90 days from the service of the notice.
MICRA Damage Caps: California’s Medical Injury Compensation Reform Act (MICRA) places a cap on noneconomic damages in medical malpractice lawsuits. Following Assembly Bill 35 signed in May 2022 and effective January 1, 2023, the caps were increased from the original $250,000. For cases not involving death, the cap started at $350,000 in 2023 and increases by $40,000 annually until reaching $750,000 in 2033, then adjusts for inflation. For wrongful death cases, the cap started at $500,000 in 2023 and increases by $50,000 annually until reaching $1,000,000 in 2034. Economic damages such as medical expenses, lost wages, and future care costs have no cap.
Minors and Statute of Limitations: For children under six years old at the time of malpractice, a claim must be filed within three years of the injury or before the child’s eighth birthday, whichever provides more time. For children six and older, the standard statute of limitations applies.
Expert Witness Requirements: California law requires expert medical testimony to establish the applicable standard of care and to prove that the healthcare provider’s conduct deviated from that standard, causing the patient’s injuries.
Comparative Negligence: California follows a “pure comparative negligence” rule. If a plaintiff is found partially at fault for their injury, their damages award is reduced in proportion to their percentage of fault. Unlike some states, California does not bar recovery even if the plaintiff is more than 50% at fault.
Foreign Object Exception: When doctors leave behind foreign objects during surgery, the statute of limitations is one year after the date of discovery. There is no upper time limit; a claim can be filed even if three years have passed from the original malpractice.
Attorney Fee Limitations: Under California Business & Professions Code section 6146, contingency fees for medical malpractice cases are limited to: 25% of amounts recovered before a lawsuit is filed, and 33% of amounts recovered after a lawsuit is filed.
Fraud or Concealment Exception: If a healthcare provider intentionally conceals malpractice, the statute of limitations may be tolled until the patient discovers or reasonably should have discovered the malpractice.
Frequently Asked Questions
How does the MICRA cap affect my medical malpractice case in Los Angeles?
The Medical Injury Compensation Reform Act limits the noneconomic damages (pain and suffering, emotional distress, loss of enjoyment of life) you can recover in a California medical malpractice case. Under the 2022 reforms, these caps increase annually through 2033-2034. For 2025, noneconomic damages are capped at approximately $430,000 for non-death cases and $600,000 for wrongful death cases. However, economic damages including medical bills, lost income, and future care costs have no limit. Skilled attorneys focus on thoroughly documenting all economic losses to maximize recovery despite the noneconomic damage limitations.
What is the 90-day notice requirement before filing a medical malpractice lawsuit in California?
California law requires you to provide written notice to each healthcare provider you intend to sue at least 90 days before filing your lawsuit. This notice must state the legal basis for the claim and the type of loss sustained. The purpose is to give healthcare providers an opportunity to investigate the claim and potentially settle before litigation. If you provide notice within 90 days of the statute of limitations expiring, California law extends your filing deadline by 90 days from when you served the notice.
Can I still file a medical malpractice lawsuit if more than three years have passed since my procedure in California?
Generally, California’s three-year outer limit prevents lawsuits filed more than three years after the malpractice occurred. However, exceptions exist. If a foreign object was left in your body during surgery, you have one year from discovery with no upper time limit. If the healthcare provider fraudulently concealed the malpractice, the timeline may be extended. For children injured before age six, claims must be filed by their eighth birthday. Because these exceptions are complex, consulting an attorney immediately when you suspect malpractice is critical even if significant time has passed.
Do I need a physician-attorney to handle my Los Angeles medical malpractice case?
While not legally required, having an attorney who is also a physician can provide significant advantages in medical malpractice litigation. Physician-attorneys can immediately understand complex medical records, procedures, and terminology. They can identify deviations from the standard of care without needing to consult outside experts initially, potentially saving time and costs. Several Los Angeles medical malpractice firms employ physician-attorneys, which allows for more thorough case evaluation and the ability to communicate effectively with medical expert witnesses during litigation.
What damages can I recover if a family member died due to medical malpractice in Los Angeles?
In wrongful death cases, surviving family members can recover economic damages including funeral and burial expenses, loss of the deceased’s income and financial support, and the value of household services the deceased would have provided. Noneconomic damages may include loss of companionship, love, comfort, care, assistance, protection, affection, society, and moral support. Under current MICRA reforms, noneconomic damages for wrongful death are capped (approximately $600,000 in 2025, increasing annually). A separate survival action can be filed on behalf of the deceased’s estate to recover damages the patient could have claimed had they survived, including pre-death pain and suffering.