When you place your health in a doctor’s hands, you expect safety, competence, and compassion. Yet medical mistakes remain far more common than most people realize.
According to a national survey by the Institute for Healthcare Improvement and NORC at the University of Chicago, one in five Americans has personally experienced a medical error, and nearly two in five have either experienced or witnessed one in someone close to them. These errors (ranging from misdiagnoses to surgical mistakes) often carry lasting consequences. About 73% of those affected report long-term or permanent impacts on their physical or emotional health, finances, or family relationships.
Behind every number is a story of trust broken and lives changed. If you or someone you love has suffered because of medical negligence in Ontario, California, the law allows you to take action. California’s medical malpractice system gives patients the right to hold healthcare providers accountable, but these cases require strict adherence to procedural rules, deadlines, and expert-backed proof.
In this article, we’ll guide you through how to file a medical malpractice lawsuit in Ontario, CA, walking you through each stage, from identifying malpractice to gathering evidence and understanding what to expect during the legal process.
Medical malpractice happens when a healthcare provider’s professional negligence causes injury or death to a patient. The key question is whether the provider failed to meet the accepted standard of care.
The “standard of care” means how a reasonably skilled provider in the same field would have acted under similar circumstances. If your doctor made a choice that falls below this standard and you suffered harm because of it, you may have a malpractice case.
Common examples include:
Not every bad outcome qualifies as malpractice. Medicine involves risks, and sometimes patients don’t improve despite proper care. The difference lies in whether the provider’s actions fell below professional standards and directly caused your injury.
Liability often extends beyond just one doctor. Multiple parties may share responsibility for what happened to you.
Potential defendants include:
Some cases involve multiple defendants. For example, if a surgical error occurs, both the surgeon and the hospital might be liable. An attorney can identify everyone who shares legal responsibility for your harm.
California sets specific requirements that you must prove before winning a malpractice case.
You need to establish four elements:
California requires expert testimony from qualified medical professionals. These experts review your case and explain to the court how the defendant’s actions fell below accepted medical standards. Without expert support, your case cannot move forward.
California’s statute of limitations for medical malpractice is strict. You generally have three years from the date of injury or one year from when you discovered (or reasonably should have discovered) the injury, whichever happens first.
Special exceptions exist for certain situations:
Missing the deadline permanently bars you from recovering compensation. Even if you have a strong case, courts will dismiss it once the statute of limitations expires. Getting legal advice early protects your rights and gives you time to build a solid case.
Filing a medical malpractice lawsuit involves several distinct steps. Understanding this process helps you know what to expect.
An experienced malpractice attorney evaluates your situation, reviews medical records, and determines if you have a valid claim. They identify who should be named as defendants and begin gathering preliminary evidence.
Your lawyer requests complete medical records related to your treatment. These documents form the foundation of your case and help experts understand what happened.
California law requires you to serve a written Notice of Intent to Sue at least 90 days before filing the actual lawsuit. This gives healthcare providers advance warning and sometimes leads to early settlement discussions.
Your attorney files a formal complaint with the San Bernardino County Superior Court. This document names all defendants, describes what happened, explains the injuries you suffered, and states the compensation you seek.
Legal process servers deliver copies of the complaint to each defendant. This official notification starts the clock on their response time.
Both sides exchange evidence, take depositions, and share expert opinions. This phase can take months as lawyers gather all information needed to support their positions.
Most medical malpractice cases settle before reaching trial. If the parties cannot agree on fair compensation, the case proceeds to court where a judge or jury decides the outcome.
Your attorney handles these steps while keeping you informed. You focus on recovering while they manage the legal complexities.
Strong evidence makes the difference between winning and losing a malpractice case. The more documentation you have, the better your chances.
Critical evidence includes:
Your attorney works with medical experts who review these materials and provide professional opinions about what went wrong. Detailed documentation strengthens every aspect of your case.
California allows injured patients to recover two categories of damages.
These cover financial losses you can calculate and document:
California places no cap on economic damages, allowing patients to recover the full amount of their financial losses.
These compensate for intangible harm:
For nearly 50 years, Californians harmed by medical negligence faced a major barrier to justice. The Medical Injury Compensation Reform Act (MICRA) of 1975 capped non-economic damages (pain, suffering, emotional distress, and loss of quality of life) at just $250,000. That limit stayed frozen for decades, even as inflation rose and the real value of compensation diminished.
Under the old law, the loss of a child, the inability to walk, or a lifetime of chronic pain were all valued the same. The cap removed crucial decisions from juries and often left victims with compensation that failed to reflect the depth of their suffering.
In 2022, the Consumer Attorneys of California (CAOC) and the California Medical Association reached a long-awaited agreement to modernize this system. Their collaboration led to Assembly Bill 35 (AB 35), signed into law by Governor Gavin Newsom, which took effect in January 2023.
AB 35 ushered in sweeping reforms that now make the law fairer for injured patients and families:
These long-overdue reforms represent a turning point in California’s medical malpractice system. For the first time in decades, the law is evolving to reflect the true human cost of medical negligence, offering patients and families in Ontario, CA, a more balanced path toward accountability and justice.
Medical malpractice cases require a higher level of proof than standard personal injury claims. Several factors add difficulty:
Claims against government-owned medical facilities follow different rules under California’s Tort Claims Act.
If your care happened at a county hospital, VA facility, or other government-run clinic, you must file an administrative claim within six months of your injury. This claim goes to the government entity that operates the facility, not to a court.
The government has time to review your claim and respond. If they deny it, you have six months from the denial date to file a lawsuit in court. Missing these shorter deadlines can destroy your case before it starts.
Contact an attorney immediately if a government facility treated you. These cases require quick action and careful attention to special procedural rules.
Medical malpractice cases can take time to resolve, often between one and three years, but that timeline depends on many factors. Each case is unique, and the process moves differently depending on the details and the people involved.
Cases with multiple defendants, serious injuries, or extensive medical evidence may take longer to prepare. Both sides often spend months reviewing records, consulting medical experts, and scheduling depositions. Court calendars in counties like San Bernardino can also add unavoidable delays.
Some claims settle sooner, especially when the evidence of negligence is strong and insurers want to avoid trial. Others take longer when the parties disagree on fair compensation or when the full impact of your injuries is still unfolding.
Throughout it all, your attorney handles every deadline, keeps you informed, and ensures your case moves forward. It can be hard to wait, but that time often allows for stronger evidence, clearer understanding of your medical condition, and (ultimately) a more complete recovery and fairer result.
Medical negligence leaves lasting physical and emotional scars. You trusted healthcare providers to help you, and instead, they caused harm. That betrayal feels overwhelming, especially when you’re facing mounting medical bills and an uncertain future.
Thompson Law helps Ontario patients and families hold negligent healthcare providers accountable. We understand the pain medical mistakes cause, and we fight for the justice and compensation you deserve.
Contact Thompson Law for a FREE CONSULTATION about your medical malpractice case in Ontario, California. Let us review your situation and explain your legal options moving forward.
Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $1.9 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.
State law limits the time you have to file a claim after an injury accident, so call today.
