What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider — a doctor, nurse, surgeon, anesthesiologist, or hospital — fails to meet the accepted standard of care, and that failure causes serious injury or death. Two conditions must be present for a viable claim: the provider made a recognizable medical error, and that error directly caused harm to the patient.

These cases are inherently complex. They require deep medical knowledge, authoritative expert testimony, and an attorney who understands both the medicine and the law. At Taylor Solano & Associates, we have the experience, the expert network, and the litigation skills to take on these claims and win.

Types of Cases We Handle

We have experience handling a wide range of medical malpractice claims, including:

Misdiagnosis & Failure to Diagnose

Delayed or missed diagnosis of cancer, heart disease, stroke, infections, and other serious conditions — often with life-altering consequences.

Surgical Errors

Wrong-site surgery, retained instruments, nerve damage, organ perforation, and other avoidable errors during surgical procedures.

Emergency Room Errors

Failure to respond in a timely manner, misreading test results, premature discharge, and triage mistakes that cost patients their health or their lives.

Medication Errors

Prescribing the wrong drug, incorrect dosage, dangerous drug interactions, and pharmacy dispensing mistakes.

Birth Injuries

Preventable harm to mother or child caused by inadequate prenatal care, delayed C-section, improper use of forceps or vacuum, and failure to monitor fetal distress.

Nursing Home Neglect

Bedsores, falls, malnutrition, medication mismanagement, failure to treat infections, and understaffing that leads to preventable patient harm.

Anesthesia Errors

Overdose, failure to monitor vital signs, intubation injuries, and allergic reactions caused by inadequate patient history review.

Wrongful Death

When medical negligence causes a patient's death, surviving family members may have a wrongful death claim — with higher damages caps under California's updated MICRA law.

California's MICRA Law: What You Need to Know

California's Medical Injury Compensation Reform Act (MICRA) caps non-economic damages — such as pain and suffering — in medical malpractice cases. For nearly 50 years, this cap was frozen at $250,000. In 2022, Governor Newsom signed AB 35, which significantly increased these caps and provides for annual increases through 2034.

Critically, there is no cap on economic damages — meaning your medical bills, lost wages, future care costs, and lost earning capacity are not subject to any limit. Our job is to maximize recovery across every available category.

Non-Death Cases (2026) $470,000 Increasing to $750,000 by 2034
Wrongful Death Cases (2026) $650,000 Increasing to $1,000,000 by 2034

What to Do If You Suspect Medical Malpractice

If you believe you or a loved one has been harmed by medical negligence, time is critical — both for your health and your legal rights.

1

Seek a Second Medical Opinion

If you suspect a misdiagnosis or a treatment error, get evaluated by another qualified physician as soon as possible. This protects your health and creates independent medical documentation.

2

Preserve All Medical Records

Request copies of your complete medical records, including imaging, lab results, surgical notes, and discharge summaries. Do not rely on the provider to maintain these — request them yourself.

3

Document Everything

Keep a detailed record of your symptoms, pain levels, limitations, and how the injury has affected your daily life. Photograph visible injuries. Save all bills and correspondence from healthcare providers.

4

Do Not Sign Anything from the Provider or Their Insurer

Healthcare providers and their insurance companies may try to get you to sign releases or accept settlements before you understand the full extent of your injuries. Do not sign anything without consulting an attorney.

5

Contact an Experienced Medical Malpractice Attorney

California requires a 90-day pre-suit notice and has strict filing deadlines. An experienced attorney will review your case, engage the right medical experts, and ensure all procedural requirements are met.

Compensation You May Be Entitled To

While MICRA caps non-economic damages, there is no limit on economic damages. We pursue every available category of compensation:

✦ Past and future medical expenses
✦ Corrective surgeries and rehabilitation
✦ Lost wages and earning capacity
✦ Long-term and in-home care costs
✦ Pain and suffering (subject to MICRA cap)
✦ Emotional distress
✦ Disability and disfigurement
✦ Loss of consortium

We Prepare Every Case to Win

At Taylor Solano & Associates, we prepare every medical malpractice claim as if it's going to trial. We work with industry-leading experts — including university-based medical professors and practicing physicians — who provide authoritative testimony to establish the standard of care and prove exactly where the provider fell short.

We investigate every potentially liable party: the individual doctor, the nursing staff, the hospital or medical facility, and any other providers involved in your care. We build comprehensive cases supported by expert testimony, medical records analysis, and a thorough understanding of the medicine involved. Our goal is a full financial recovery — whether through negotiation or at trial.

The Statute of Limitations Is Short — Act Now

California law requires that medical malpractice lawsuits be filed within one year of discovering the injury or within three years of the date of the injury, whichever comes first. Additionally, a 90-day written notice must be sent to the healthcare provider before filing suit. These deadlines are strict and non-negotiable — missing them can permanently bar your claim.

Frequently Asked Questions

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and that failure causes injury to the patient. It's not enough that a bad outcome occurred — the provider must have made a recognizable error that a competent provider in the same specialty would not have made under similar circumstances, and that error must have directly caused harm.
Yes, but only on non-economic damages (pain and suffering). California's MICRA law, updated by AB 35 in 2022, now sets the cap at $470,000 for non-death cases and $650,000 for wrongful death cases (as of 2026), with annual increases through 2034. Importantly, there is no cap on economic damages — meaning your medical bills, lost wages, future care costs, and lost earning capacity are fully recoverable without limit.
California has a dual-track statute of limitations: you must file within one year of discovering the injury, or within three years of the date of the injury, whichever comes first. Additionally, California Code of Civil Procedure § 364 requires a 90-day written notice to the healthcare provider before filing suit. These deadlines are strictly enforced — contact an attorney as soon as you suspect malpractice.
Yes. California law requires expert medical testimony to establish the standard of care and to prove that the healthcare provider's actions fell below that standard. Taylor Solano & Associates works with university-based medical professors and practicing physicians who provide authoritative, credible expert testimony tailored to the specific medical issues in your case.
Both may be liable. Hospitals can be held directly liable for their own institutional negligence — such as understaffing, inadequate policies, or defective equipment — and vicariously liable for the negligent acts of their employees under respondeat superior. Under the updated MICRA framework, separate damages caps can apply to different categories of providers and institutions, potentially increasing total available compensation. We investigate all potentially responsible parties.
Yes. Taylor Solano & Associates proudly serves the Spanish-speaking community throughout the Bay Area and Central Valley. We provide consultations and full case support in Spanish. Visit our dedicated Spanish-language website at lineadeayuda.com.