We trust doctors, nurses, pharmacists, and other healthcare providers to keep us safe. When they make mistakes, it’s important to make sure that they’re held accountable. If you’ve been injured by a negligent healthcare professional in Torrance, California, don’t hesitate to call The Simon Law Group. Our Torrance medical malpractice lawyers can help you fight for the financial award you need and deserve.
Since 2009, The Simon Law Group has been trusted by victims of medical negligence throughout Southern California. As leaders in medical malpractice litigation with over 250 years of combined experience, we’ve helped clients like you recover more than $600 million in compensation.
Force the hospital, insurance company, and provider to take your case seriously. Put our award-winning law firm in your corner. We offer a free consultation. Contact our law office in Torrance, CA, to schedule your appointment today at (424) 622-0812.
How The Simon Law Group Can Help If You’ve Been Harmed By a Medical Error in Torrance, CA
How can you prove your doctor was negligent? Can the hospital be held accountable, too? What will you need to prove to win your case? How can you know if a settlement offer is fair?
Focus on figuring out a path forward. Leave litigation to our respected Torrance personal injury lawyers.
At The Simon Law Group, we’re known for being California’s top personal injury law firm. We’ve been recognized by the National Law Journal, Super Lawyers, and other top organizations for how we treat our clients and consistently win top results.
When you ask for our help with your medical malpractice claim, we will:
- Handle all aspects of your case so that you have the opportunity to recover
- Be available to answer your questions and make sure you’re in the loop throughout the claims process
- Lead a thorough investigation into your medical care to establish how your doctor was negligent and how your injury could have been avoided
- Carefully analyze medical records, charts, provider notes, hospital policies, test results, and other evidence
- Consult independent medical experts as we prepare your claim and bring them in to testify on your behalf, if necessary
- Use a carefully constructed legal claim to force meaningful settlement negotiations in pursuit of a top-dollar recovery on your behalf
- Bring your medical malpractice lawsuit to trial in Los Angeles County, if necessary
We represent victims of medical errors on contingency. You don’t pay unless our Torrance personal injury attorneys win compensation for your medical malpractice claim.
Don’t hesitate to ask for our help. We’re available 24 hours a day to take your call. Set up your free consultation by contacting our Torrance law office now.
California Leads the Nation in Medical Malpractice Lawsuits
Medical errors kill more Americans than most people realize. A widely-cited Johns Hopkins study published in the BMJ pegs medical error as the third leading cause of death in the U.S., behind only heart disease and cancer. The estimate: more than 251,000 deaths every year. And it’s not just deaths. A 2023 follow-up from Johns Hopkins found diagnostic errors alone seriously harm hundreds of thousands of patients each year.
The risk runs through the whole profession. A 2024 AMA report found nearly 29% of practicing U.S. physicians have been sued for malpractice at some point. Almost 1 in 3. Most cases don’t involve a bad person. They involve a bad system, a missed handoff, or an overworked provider stretched too thin.
California has long been one of the top states for medical malpractice payment reports filed with the National Practitioner Data Bank. That tracks. Big population, more healthcare delivered, more opportunities for things to go wrong.
Representing Clients in All Types of Medical Malpractice Cases
Med mal cases come in all kinds of forms, and the legal play shifts a lot depending on the type. These are the buckets we see most for Torrance clients.
Misdiagnosis and Failure to Diagnose
This is the bucket we see most often. Wrong diagnosis. Missed diagnosis. Either way, treatment is delayed and the underlying condition gets worse while everyone misses it. By the time someone catches the mistake, the damage is usually done.
The conditions doctors miss most: cancer, stroke, heart attack, sepsis. If a treatable condition was allowed to progress because a provider didn’t catch what they should have, that’s a viable claim.
Surgical Errors
Wrong site. Wrong patient. Sponge left behind. Anesthesia dose miscalculated mid-procedure. Post-op infection from contamination that never should have happened.
Surgical cases tend to carry the biggest damage numbers. Corrective surgery isn’t cheap. Recovery is brutal. And a lot of patients never get full function back.
Birth Injuries
Birth injury cases are the hardest. Hardest emotionally. Hardest financially. We see them happen because of delayed C-sections, mishandled forceps or vacuum extractors, missed signs of fetal distress, and medication mistakes during labor.
The diagnoses range from cerebral palsy to Erb’s palsy to HIE. Many of these kids will need help for the rest of their lives. That reality drives the damages way up, and it’s also why these cases get fought so hard by hospitals.
Medication and Pharmacy Errors
Wrong drug. Wrong dose. Wrong route. Drug interaction that should have been flagged. Sometimes it traces back to a sloppy prescription. Sometimes a mislabeled bottle. Sometimes the wrong patient got pulled up on the screen.
The drugs that scare us most: blood thinners, opioids, chemo. With those, even a small mistake can put someone in the ICU.
Hospital Negligence
Hospitals can be liable two ways. One: for what their staff did, through vicarious liability. Two: for their own systemic failures. Understaffing. Bad credentialing. Policies that put patients at risk before any individual provider even shows up.
What we see most: nursing errors, ER chaos, hospital-acquired infections, and inadequate monitoring on units that should have been watching. We go into more detail on hospital liability below.
No two medical malpractice cases look the same. Our Torrance medical malpractice attorneys investigate each one on its own facts and build the claim around what actually went wrong. If you think a provider’s negligence hurt you or someone you love, call us. We’ll take a look.
What Do I Have to Prove to Win a Medical Negligence Lawsuit in California?
Medical malpractice refers to a healthcare provider’s failure to demonstrate an appropriate level of care when treating a patient. The expected standard of care varies from state to state.
In California, the standard of care for medical professionals is “the level of skill, knowledge, and care in diagnosis and treatment that other reasonably careful [providers] would use in the same or similar circumstances.” Anything less is negligence.
So, when you file a medical malpractice lawsuit in Torrance, you’ll have the burden of proving:
- Duty: the provider owed you a duty of care because there was an established doctor-patient relationship
- Breach: the provider failed to use the level of skill, knowledge, and care in diagnosis and treatment expected of them, which was a breach of the duty owed to you
- Causation: the provider’s conduct was the direct and proximate result of an injury you sustained, which was not a reasonably foreseeable consequence of the treatment provided
- Damages: you’ve suffered damages, such as additional medical expenses, a loss of income, or disability
In California, all negligence actions, including medical malpractice claims, must be proven by a preponderance of the evidence. A jury must be convinced that your version of events is more likely true than not.
The 4 C’s of Medical Malpractice: How Negligence Happens
Hospitals and medical schools teach providers a framework called the “Four C’s.” The idea is simple: when these four things go right, most medical errors don’t happen. When even one breaks down, patients get hurt.
- Compassion. Treating patients as people, not problems. Hurried, dismissive, or biased care leads providers to skip questions, overlook symptoms, or discharge a patient too early.
- Communication. Clear handoffs between providers. Real explanations of treatment options. Listening when patients describe what they’re feeling. Most surgical errors and medication mistakes trace back to a communication breakdown.
- Competence. Delivering the standard of care that a similarly trained provider would deliver in the same situation. Fatigue, lack of training, substance use, or stepping outside one’s specialty all chip away at competence.
- Charting. Accurate, complete, and timely records. Sloppy or missing documentation often hides negligence, and sometimes the documentation itself is the evidence.
When a med mal case goes to trial, expert witnesses walk juries through the 4 C’s to show where the standard of care broke down. We use the same framework when we build a case. It’s how a jury without medical training can actually see the negligence.
What Damages Can I Recover Through a Medical Malpractice Claim in California?
As the victim of medical negligence in Torrance, CA, you’ll be able to pursue compensatory damages through an insurance claim or lawsuit.
Compensatory damages include economic and non-economic awards.
Economic damages are paid to help you deal with costs and expenses that are related to your injury, such as:
- Current and future medical bills
- Lost wages and benefits
- Diminished earning capacity
- Disability
- Rehabilitation
- Nursing assistance
- Out-of-pocket expenses
Non-economic damages are paid to help you cope with trauma and losses that aren’t easy to value monetarily, including:
- Pain and suffering
- Chronic physical pain
- Emotional distress
- Loss of consortium
- Reduced quality of life
- Disfigurement
- Inconvenience
If your medical malpractice lawsuit makes it to trial, you could also be able to recover punitive damages. In California, punitive damages are appropriate when a jury finds that a defendant’s conduct was malicious, fraudulent, or intentional.
Our Torrance medical malpractice attorneys won’t let the hospital or insurance company dictate the terms of your case. We won’t let them drive down its value, either. We’ll work closely with trusted experts in medicine as we build your case and prepare to force important conversations during negotiations. If you aren’t offered a fair settlement or if the provider refuses to accept liability, we’ll be more than ready to bring your medical malpractice claim to trial.
Who Could Be Liable For Medical Negligence in Torrance?
Anyone who is negligent and contributes to a patient’s injury can be liable for resulting damages.
Depending on the facts of your case, potentially liable parties could include a:
- Primary care physician
- Emergency room doctor
- OBGYN or another type of specialist
- Nurse
- Nurse practitioner
- Anesthesiologist
- Pharmacist
- Hospital staff member
- Hospital
- Urgent care treatment center
- Chiropractor
- Midwife
- Surgeon
When a provider is negligent, their employer could also be vicariously liable for the harm they cause. If your doctor was an employee of a medical group or hospital, this means you could sue the practice, too.
Count on our skilled medical negligence attorneys to carefully investigate your case, determine who’s at fault, and fight to hold them responsible for their mistakes.
When Hospitals Are Liable for Their Staff
Hospitals can be held vicariously liable for negligence by their employees. That covers most nurses, residents, and staff physicians. They can also be liable on their own, for things like inadequate staffing, sloppy hiring, weak credentialing, or unsafe policies.
Here’s where it gets complicated: a lot of physicians who practice at California hospitals are independent contractors, not employees. The hospital’s usual defense in those cases is “not our responsibility, not our doctor.” But California courts have carved out exceptions. The biggest one is called “ostensible agency.” If the hospital presented the contracted physician to the patient as if they were a hospital employee, the hospital can still be on the hook.
Sorting out who’s actually liable is a big part of what we do at the start of every med mal case. We pursue every party who shares responsibility, not just the obvious one.
How California’s MICRA Cap Affects Your Recovery (Updated Under AB 35)
Most patients don’t know this rule exists. It shapes what you can actually take home.
The rule is MICRA, short for the Medical Injury Compensation Reform Act. For almost 50 years, it locked the pain-and-suffering portion of a California med mal recovery at $250,000. That number was set in 1975. It didn’t move once. Not for inflation. Not for the cost of modern healthcare. Just sat there.
Then came 2022. Governor Newsom signed AB 35 into law on May 23. The whole structure changed starting January 1, 2023. Here’s what’s actually different now:
- Patient survived: the cap on non-economic damages started at $350,000 in 2023. It climbs every year. By 2033, it hits $750,000.
- Patient died: the cap started at $500,000 in 2023. It climbs to $1 million by 2033.
- Three defendant categories: AB 35 stacks up to three separate caps per case, depending on who’s being sued. One for healthcare providers. One for institutions. One for unaffiliated providers or institutions. The plaintiff bar at Consumer Attorneys of California has the full breakdown of how the categories work.
One thing MICRA doesn’t touch: economic damages. Medical bills, lost wages, future earning capacity, ongoing care costs, all fully recoverable, no cap. Punitive damages, when they apply, are also outside the MICRA framework.
Bottom line: AB 35 finally moved a number that should have moved a long time ago. For our clients, that means more of the real human cost of medical negligence is actually compensable now. We calculate every case under the current schedule and chase every dollar the law allows.
How Long Will I Have to File a Medical Malpractice Lawsuit in California?
If you’re injured by a medical error in the state of California, you’ll generally have up to three years to file a medical malpractice lawsuit.
You must file your claim within one year of discovering the injury with reasonable diligence. So, if you’re aware of your injury right away, you’ll have one year to file a lawsuit.
There are limited exceptions to the three-year cap on litigation, which include fraud, intentional concealment, or the presence of a foreign object in the body.
Missing the deadline means missing out on compensation you need and deserve. Protect your rights by reaching out to our qualified legal team in Torrance right away. We can begin working on your case as soon as you ask for our help.
Frequently Asked Questions About Medical Malpractice Claims in Torrance
What is the average medical malpractice settlement in California?
Honestly, there isn’t a useful average. Numbers swing wildly. Catastrophic injury, permanent disability, and wrongful death cases settle for far more than routine ones. AB 35 also moved the ceiling, so older “average” figures you’ll see online are usually stale. The only real way to value your situation is a free consultation.
Is it worth suing a doctor for medical malpractice?
If you were seriously hurt by a clear breach of the standard of care, usually yes. Med mal cases are slow and expensive to litigate, so we only take cases we believe in. The financial risk to you is essentially zero. We work on contingency. You pay nothing unless we win.
How much does it cost to hire a medical malpractice lawyer in Torrance?
Nothing upfront. No retainer, no hourly billing, no out-of-pocket costs. Our fee comes out of the recovery, and only if there is one.
What are the 4 C’s of medical malpractice?
Compassion, Communication, Competence, and Charting. Those are the four areas where the standard of care most often breaks down. Experts use them as the lens for evaluating whether negligence happened.
How long do I have to file a medical malpractice lawsuit in California?
Three years from the date of injury, or one year from when you discovered (or reasonably should have discovered) the injury. Whichever comes first. Narrow exceptions exist for fraud, intentional concealment, and foreign objects left in the body. Miss the deadline and the case is gone before it starts.
Can I sue a hospital, not just the doctor?
Often, yes. Hospitals are usually on the hook for their employees. Sometimes also for contracted physicians, under California’s “ostensible agency” rule. They can also be directly liable for staffing and policy failures of their own.
What if my loved one died because of medical negligence?
Surviving family can bring a wrongful death claim. The MICRA cap for non-economic damages in death cases started at $500,000 in 2023 and rises annually to $1 million by 2033. Economic damages, the bills and lost income, aren’t capped.
Schedule a Free Consultation With an Experienced Torrance Medical Malpractice Lawyer
If you’ve been the victim of medical negligence in Torrance, California, it’s time to call The Simon Law Group. You deserve justice. Our Torrance medical malpractice lawyers can help you get it.
Our award-winning California trial attorneys have over 250 years of combined experience handling complicated legal matters like yours. We’ve helped our clients win over $600 million in jury verdicts and settlements. Now, we’re prepared to fight for you.
Contact our Torrance law firm today to get started. Your initial case assessment is absolutely free.
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