Experienced Medical Malpractice Attorneys Serving San Bernardino, CA
Medical malpractice occurs when a doctor, hospital, or healthcare provider delivers care that falls below the accepted standard — and that failure causes you harm. In California, injured patients can recover medical costs, lost income, and up to $350,000 in non-economic damages (pain and suffering) under California’s MICRA law (AB 35, effective 2023). The deadline to file is three years from the injury or one year from discovering it — whichever comes first (CCP § 340.5). Contact our San Bernardino medical malpractice attorneys for a free case review.
Medical malpractice involves injuries that occur due to negligent medical care. Negligence in these cases means that the level of treatment falls below what an average doctor would have done in the same situation. If you have been injured by medical malpractice, you deserve to be compensated. Contact our expert San Bernardino medical malpractice attorney at the Law Firm of Aitken * Aitken * Cohn.
The San Bernardino medical malpractice attorneys at Aitken * Aitken * Cohn have been serving clients for over 30 years. We have experience with all types of medical malpractice claims and can offer you the expertise and compassion you need. The injuries involved in medical practice cases can be permanently disabling and life-threatening. Ensure you retain the best possible medical malpractice lawyer by consulting with our firm today.
Types of Medical Malpractice Cases
Each San Bernardino medical malpractice attorney at our firm has the skill and expertise needed to handle your case. We use extensive independent investigations and knowledge of proper medical procedures to determine liability. Our aggressive courtroom tactics get our clients the results they need. While each case is unique, the following are some examples of medical malpractice claims:
Surgical Errors: Mistakes made during surgery, such as wrong-site surgery, anesthesia errors, or postoperative complications.
Misdiagnosis or Failure to Diagnose: When a healthcare provider fails to correctly diagnose a medical condition or disease or does so too late.
Medication Errors: Errors in prescribing, dispensing, or administering medications, leading to harm.
Birth Injuries: Harm to the mother or child during pregnancy, labor, or delivery, such as cerebral palsy or brachial plexus injuries. If your loved one has sustained a birth injury, contact our San Bernardino birth injury attorneys to get the help you need.
Failure to Obtain Informed Consent: Healthcare providers must inform patients about the risks, benefits, and alternatives to a medical procedure. A failure to obtain informed consent can lead to legal action.
If you or a loved one has been impacted by medical malpractice, contact our knowledgeable San Bernardino medical malpractice attorneys today for assistance. Our team of lawyers is ready to fight for the compensation that you deserve.
Consequences Of Medical Malpractice
Medical malpractice, when proven, can have various consequences for healthcare providers, patients, and the healthcare system. The outcomes of medical malpractice cases may vary depending on the specific circumstances and the legal process. Here are some common consequences associated with medical malpractice:
Legal Consequences for Healthcare Providers:
Financial Liability: Healthcare providers found liable in medical malpractice cases may be required to pay financial damages to the injured patient. These damages can cover medical expenses, lost income, pain and suffering, and other economic and non-economic losses.
Professional Repercussions: Providers may face professional consequences, such as disciplinary actions, suspension or revocation of medical licenses, and damage to their reputation.
Higher Malpractice Insurance Premiums: Healthcare providers often carry malpractice insurance to protect themselves from liability. A successful malpractice claim may result in increased insurance premiums.
Patient Compensation:
Financial Recovery: Patients who prevail in medical malpractice cases can receive compensation for their injuries and losses, which may help cover medical expenses, rehabilitation, and other associated costs.
Closure and Justice: Winning a medical malpractice case can provide emotional closure and a sense of justice for the injured patient.
What California’s MICRA Law Means for Your Case
California’s Medical Injury Compensation Reform Act (MICRA), updated by AB 35 effective January 2023, places caps on certain damages in medical malpractice cases:
Non-death cases: Up to $350,000 in non-economic damages (pain and suffering), rising $40,000/year to a cap of $750,000 by 2033.
Wrongful death cases: Up to $500,000 in non-economic damages, rising to $1,000,000 by 2033.
Critically, MICRA does NOT cap economic damages — meaning your total medical bills, lost wages, cost of future care, and lost earning capacity are fully recoverable without a limit.
Frequently Asked Questions — Medical Malpractice in San Bernardino
You likely have a case if: (1) a doctor or hospital provided care below the accepted medical standard, AND (2) that substandard care directly caused you harm. Common examples include a missed or delayed cancer diagnosis, a surgical error, a medication overdose, or a birth injury. A malpractice attorney can review your records and consult a medical expert at no cost to you.
Three years from the date of injury OR one year from when you discovered the injury — whichever is earlier (CCP § 340.5). For children under 6, the deadline is extended to their 8th birthday.
Economic damages (medical bills, lost wages, future care) are uncapped and fully recoverable. Non-economic damages (pain and suffering) are capped at $350,000 under the updated MICRA law (AB 35, 2023), increasing annually through 2033.
Yes. California requires a qualified medical expert to testify that the defendant’s care fell below the accepted standard. Our firm works with board-certified specialists to support every case.
Medical malpractice can occur at any San Bernardino County facility, including Arrowhead Regional Medical Center (the county's main trauma center), St. Bernardine Medical Center, Community Hospital of San Bernardino, and Loma Linda University Medical Center — one of the nation's largest academic medical centers. The size and complexity of Loma Linda's operations mean a high volume of procedures and, statistically, a higher opportunity for errors. If you were harmed at any Inland Empire hospital, our attorneys have experience navigating these institutions' legal teams.
Across the Inland Empire, the most frequently litigated malpractice claims involve: (1) delayed or missed diagnosis — particularly cancer, stroke, and heart attack; (2) surgical errors at area hospitals; (3) birth injuries at high-volume delivery facilities; and (4) medication errors in emergency room settings. Emergency departments at San Bernardino's busiest hospitals handle extremely high patient volumes, which increases the risk of rushed evaluations and missed diagnoses. If you experienced a delayed diagnosis or ER error, an attorney can evaluate whether the standard of care was breached.
Yes, but with important procedural considerations. Loma Linda University Medical Center is affiliated with a private religious institution, so it is not a government entity — the standard two-year medical malpractice statute of limitations applies. However, suing a large academic medical center requires attorneys with experience handling well-resourced defense teams and complex institutional medicine. Aitken * Aitken * Cohn has experience in high-stakes medical liability cases involving major California health systems.
Not every bad medical outcome is malpractice. Medical malpractice requires proving that the provider's care fell below the accepted standard of care for a reasonable physician in the same specialty under similar circumstances — AND that this breach directly caused your harm. An unexpected complication from a correctly performed procedure is generally not malpractice. A surgical error that a reasonably skilled surgeon would not have made typically is. This distinction requires a medical expert evaluation — our attorneys provide this review at no upfront cost.
Medical malpractice cases are among the most complex personal injury cases in California. Most cases take 2–4 years from filing to resolution, due to the mandatory medical expert review requirements, extensive discovery involving medical records, and the sophistication of hospital and insurer defense teams. Cases that settle before trial typically resolve in 18–36 months. Going to trial adds additional time. California's MICRA law also requires a 90-day notice to the defendant before a malpractice lawsuit can be filed.
Contact a San Bernardino Medical Malpractice Attorney
If you believe you’ve been harmed by negligence, a medical malpractice lawyer can help you receive compensation that can include lost income, pain and suffering and present and future medical bills. You don’t have to face it alone. Contact a San Bernardino medical malpractice attorney with the law firm of Aitken * Aitken * Cohn for help today.
