Justice Delivered Through Personalized Representation

Medical malpractice cases are among the most demanding in civil litigation. They require a firm that is willing to invest the time, preparation, and determination needed to fight for our clients against health care providers and their insurers. At Hemming, P.C., we take that responsibility seriously, and we are committed to standing beside you every step of the way.

When you come to us, we begin by listening carefully to your experience, reviewing the relevant facts and records, and giving you an honest assessment of your situation. We will tell you clearly what we believe, what your options are, and what fighting for your interests will look like as your case moves forward. From that point on, you have direct access to an attorney throughout your representation, and you are kept fully informed at every stage.

What Is Medical Malpractice?

Medical malpractice occurs when a licensed health care provider, including a physician, surgeon, nurse, or mental health professional, deviates from the accepted standard of care while treating a patient, and that deviation causes harm. The injury may result from something the provider did, or from something they failed to do when appropriate action was required.

Common Forms of Medical Negligence

Our firm is prepared to fight for the clients we serve who have suffered harm due to negligence including:

• Failure to diagnose or misdiagnosis of a condition
• Surgical errors or improper technique
• Delayed or inadequate treatment
• Medication errors including wrong dosage or dangerous drug interactions
• Failure to order necessary diagnostic testing
• Inadequate post-operative or follow-up care

Informed Consent

A malpractice claim may also arise when a patient was not properly informed of the material risks of a proposed procedure and would have declined had they been accurately advised. These claims arise when consent was never properly obtained, when the scope of treatment was changed after consent was given, or when consent was obtained under circumstances that rendered it improper.

Damages We Fight to Recover for You

We fight to recover the full scope of what our clients have lost. In California, medical malpractice damages include special damages covering economic losses such as past and future medical expenses, lost wages, and other quantifiable costs tied to the injury, as well as general damages for non-economic harm including pain, suffering, and diminished quality of life. In cases of particularly egregious conduct, punitive damages may also be available.

California Damage Caps and the 2023 Reform

For decades, California limited general damages in medical malpractice cases to $250,000 under the Medical Injury Compensation Reform Act. A significant reform took effect in 2023, replacing that fixed cap with an escalating structure based on case type:

Case Type	Starting Cap (2023)	Annual Increase	Maximum Cap
Non-Wrongful Death	$350,000	$40,000 per year	$750,000
Wrongful Death	$500,000	$50,000 per year	$1,000,000

Joint and Several Liability

When multiple defendants share responsibility for your injury, California law allows special damages to be pursued from each defendant individually. For general damages, each defendant is responsible for their proportionate share of fault. We analyze these dynamics carefully to place our clients in the best possible position when multiple parties bear responsibility.

Statute of Limitations

California requires that medical malpractice claims generally be filed within one year of the date the injury was discovered or reasonably should have been discovered, and in no event more than three years from the date of injury, with limited exceptions for fraud, concealment, or foreign objects. For children under six years of age, the period may extend to three years or before the child turns eight, whichever is longer. These deadlines are strictly enforced. We strongly encourage those who believe they may have a claim to contact us promptly so we can protect their rights and preserve their options.