Lancaster Medical Malpractice Attorney
Antelope Valley Attorneys Handling Medical Negligence Claims Personally
In many states, medical malpractice law favors the plaintiff, allowing generous damage awards and a relatively straightforward path to compensation. California is not one of those states. At Accident Attorneys, we help Lancaster and Antelope Valley residents navigate one of the most restrictive medical malpractice frameworks in the country.
California’s Medical Injury Compensation Reform Act (MICRA) imposes a shorter statute of limitations than standard personal injury law, allows settlements and verdicts to be paid in periodic installments rather than as a lump sum, and caps non-economic damages. The old $250,000 cap that stood since 1975 has been updated: under AB 35, which took effect January 1, 2023, the cap rises annually by $40,000 per year for injury cases and $50,000 per year for wrongful death cases. For 2026, the non-economic damages cap is $470,000 for injury cases and $650,000 for wrongful death cases. Economic damages, including past and future medical expenses, lost wages, and future care costs, remain entirely uncapped under MICRA. We offer free case reviews, work on a contingency fee basis, and provide home or hospital visits for clients who can’t travel to our office. Our team is available 24/7 and serves Lancaster’s Spanish-speaking community as well.
Injured by a doctor? Contact our Antelope Valley medical malpractice lawyers by calling (661) 261-4929 for a free case evaluation to discuss seeking justice for medical negligence in California.
Do I Have a Valid Medical Malpractice Claim?
Medical errors are among the leading causes of death in the United States, affecting patients of all ages. The harm that follows medical negligence can be traumatic and permanent, but not every bad outcome qualifies as malpractice. There are specific elements that must be proven for a medical negligence claim to be valid.
To meet the legal threshold, three elements must be present:
- The patient must have received treatment that fell below the accepted standard of care for a physician in that specialty.
- The provider’s action or inaction must have directly caused a verifiable injury that would not have otherwise occurred.
- The resulting harm must be serious or permanent. Minor or temporary adverse outcomes generally don’t meet the threshold for a viable claim.
Common malpractice scenarios include failure to diagnose, delayed diagnosis, wrong-site surgery, anesthesia errors, and birth injuries. If a medical professional caused you significant harm, you may be entitled to financial compensation. Contact our attorneys for representation in all medical malpractice matters.
Compensation Lancaster Medical Malpractice Victims May Be Able to Pursue
California law draws a clear distinction between economic and non-economic damages, and that distinction has significant consequences for what you may recover from a medical injury claim.
Economic Damages
Economic damages cover the financial losses caused by the malpractice: past and future medical expenses, lost income, loss of earning capacity, and future care costs. These aren’t subject to any cap under MICRA, which means serious injuries with substantial long-term costs can still support significant economic recovery.
Non-Economic Damages
Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. These are subject to MICRA’s cap, which for 2026 is $470,000 for injury cases and $650,000 for wrongful death cases. Under AB 35, the cap increases annually by $40,000 per year for injury cases and $50,000 per year for wrongful death cases.
When both a physician and a hospital are separately at fault, separate caps may apply to each defendant, which can affect total non-economic recovery. Thorough documentation of medical records, future care needs, and lost earnings is critical in cases where non-economic damages are capped. Punitive damages may be available in rare cases involving fraud or intentional misconduct, but they aren’t typical in standard medical negligence claims.
How a Lancaster Medical Malpractice Attorney Can Help
Filing a physician malpractice claim in California means confronting strict procedural barriers from the outset. Under CCP 340.5, the statute of limitations is generally one year from the date you discovered the injury, or three years from the date of the injury, whichever comes first. California also requires 90 days of written prelitigation notice to the healthcare provider before a lawsuit can be filed. Missing either deadline can prevent a case from moving forward.
Hospitals and healthcare providers are defended by legal teams and insurers with significant resources. Having a dedicated Lancaster medical malpractice attorney managing your case directly can affect the quality of your advocacy. At Accident Attorneys, our clients work with their attorney throughout the entire process. No hand-offs to a paralegal or assistant. Our attorneys have more than 75 years of combined legal experience, and our firm has recovered over $1 billion for clients across our practice areas. For Lancaster residents who can’t come to us, we come to them: home and hospital visits are available, and we’re reachable 24/7.
Filing Your Medical Malpractice Lawsuit in Lancaster
You trusted a medical provider with your health, and that trust was broken. The injuries you suffered have placed real burdens on your life, and you deserve a chance to pursue fair compensation. We represent a wide range of doctor malpractice claims, including:
- Failure to diagnose
- Delayed diagnosis
- Wrong-site surgery
- Anesthesia errors
- Birth injuries
Our attorneys have over 75 years of combined legal experience and have recovered over $1 billion for clients. We offer free consultations, work on a contingency fee basis, and won’t collect a fee unless we recover compensation for you.
Contact our medical malpractice lawyers in Lancaster by calling (661) 261-4929 today for a free consultation to discuss your claim and the first steps in your case.
DO YOU HAVE QUESTIONS?
WE HAVE ANSWERS
Still have questions or can't find the answer you need? Give us a call at 661-261-4929 today!
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What is the minimum amount for a personal injury settlement?
There is no minimum amount of money allowed for a personal injury settlement; every case is determined by the unique facts surrounding the claim. Additionally, most jurisdictions do not have a cap on the amount of my money that you can receive through a personal injury settlement.
In California, the amount of money that you can receive for noneconomic damages (pain, suffering, etc.) for a medical malpractice case is limited to $250,000; however, other injury settlements are not subject to this restriction.
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How will I receive my personal injury settlement?
If you file a claim against an individual, his / her insurance company is probably aware of the judgment. If the insurance is unaware of the settlement, you can notify the insurer. At this point, the insurance provider should issue a check for the settlement.
If the responsible party does not have insurance, you may need to enter the settlement with the court. The court has the authority to enforce the judgment if the responsible party refuses to pay.
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How much is my personal injury case worth?
Every case is different. A variety of circumstances determine the value of your claim. Property damage, medical expenses, hospitalization fees, pain, and suffering, missed wages, and many other factors can affect the outcome of your case.
You can even collect damages for future unemployment / missed wages and ongoing medical costs. Speak with a member of the legal team at Accident Attorneys to learn more about the potential value of your case.
