There are very specific laws about medical malpractice in California. Generally, the law is similar to any other kind of “negligence” cases like a slip and fall in a grocery store or a car crash. First, the plaintiff in a medical malpractice case needs to show “negligence” or that the action of a medical provider (whether it’s a doctor, a medical technician, etc.) fell below the standard of care. In other words, the medical provider did not do what s/he should have done. Just because there is a bad result from a medical procedure does not mean that the doctor failed, because sometimes medical procedures turn out badly despite proper actions by the doctor. Second, the plaintiff needs to show that s/he suffered injuries. Usually, those injuries include medical bills, wage losses (from missed work), and emotional distress. Third, the plaintiff needs to show that the negligence is what caused the injuries. A plaintiff who would have had medical problems even if a procedure had gone well is not entitled to all those injuries, just the injuries that the negligence made worse.
There are more complicated matters having to do with timing of a lawsuit, notice to the medical provider, and other matters. Please do not hesitate to contact John Furstenthal about your case.