Q: How do I file a medical malpractice and wrongful death case for my mother in California due to hospital negligence?

A: You should hire an experienced medical malpractice and wrongful death attorney in California as soon as possible to review the merits of your case. They can assess your evidence, determine liability, and guide you through the legal process. Given the complexity of hospital negligence cases, an attorney will help ensure compliance with California's statutes of limitations and medical expert requirements. Act quickly to protect your rights and preserve crucial evidence.

A: I am so sorry for your loss and for how she suffered needlessly.

There are many aspects of a medical malpractice/wrongful death case. First is the one year time limit. It appears you are well within that, but do not delay in getting an attorney.

The next issue is did the health care providers breach of the standards of care. Here it appears the standards were violated.

The next issue, what harm was caused by the malpractice, as opposed to other causes. This can be difficult to discern, and needs medical expert analysis.

Finally, (though there are many other issues also), the issue is what would be an anticipated recovery and how does that compare with the expense, time and difficulty of such a lawsuit. There are laws that provide great protections to doctors, hospitals and their insurance companies.

To begin a case you should consult an experienced malpractice attorney right away. The attorney will want to know about the facts of the case, what doctors have told you, and may want to see the medical records.

A: I’m really sorry to hear about your mother’s passing and what you went through at Mercy San Juan. What you’ve described could form the basis of both a wrongful death and medical malpractice case in California. The first step is to gather all the medical records from her admission through her passing. Since you were her power of attorney, you should have legal authority to request these. You’ll also want to collect and preserve all your photos, videos, witness statements, and any written communications with the hospital.

Before filing a lawsuit, California law requires that you give the healthcare providers at least 90 days' notice of your intent to sue. This “Notice of Intent” must include a general statement of the legal basis of your claim, the type of loss sustained, and the nature of the injuries. There’s also a strict statute of limitations—generally, you must file a medical malpractice case within one year of discovering the negligence, or three years from the date of injury, whichever comes first. Since your mother passed on March 3, 2025, time is already counting down.

You may also need to open a probate case if you’re planning to sue on behalf of your mother’s estate. This is necessary for wrongful death and survival actions. Courts often require someone to be officially appointed as the personal representative to bring these claims. The sooner you begin this process, the better. You’ve already taken an important step by documenting everything—now it’s about turning that into a legal claim.