Losing a loved one is always devastating, but when that loss occurs due to medical negligence, the grief is compounded by a sense of injustice. Families facing this tragedy often feel overwhelmed, emotionally and legally. Understanding your rights when fighting a medical wrongful death lawsuit in California can be a crucial step toward healing and securing justice.
In this post, we’ll walk you through 10 facts that families should know when pursuing a medical wrongful death lawsuit, including recent updates to the law that could affect your case.
10 Critical Facts Families Should Know
1. Medical Wrongful Death Lawsuit in California Means a Life Was Lost Due to Healthcare Negligence
Medical wrongful death is often defined as a death that shouldn’t have happened, that may have been caused by a healthcare provider’s failure to follow accepted standards of care. This could mean a misdiagnosis that led to delayed treatment, a surgical error that caused internal bleeding, or a medication mix-up that proved fatal. In these cases, the law allows families to pursue accountability through a wrongful death lawsuit.
2. California Law Grants Families the Right to Sue (C.C.P. § 377.60)
Under California’s wrongful death statute, certain relatives of the deceased are legally permitted to bring a lawsuit when medical negligence leads to death. This right is not only a path to potential financial compensation but also a chance for families to hold medical institutions and providers accountable. It’s a tool for justice, and sometimes closure, that the state specifically grants to those left behind.
3. Not Everyone Can File a Medical Wrongful Death Lawsuit
California law places clear limitations on who can file a wrongful death claim. The primary individuals who typically have this right are the deceased’s spouse, registered domestic partner, and children. If these individuals are not present, others, such as stepchildren, a putative spouse (someone who reasonably believed they were married to the deceased), or financially dependent parents, may be eligible. The law only allows one wrongful death case to be filed per incident, so all eligible parties must be included in the same action.
4. The Deadline to File May Be Shorter in Medical Cases
Most wrongful death lawsuits in California must be filed within two years of the person’s death. However, if the death involved medical negligence, the timeline may be even shorter. In many medical cases, the statute of limitations is just one year from the date the injury was discovered — or should reasonably have been discovered — but no more than three years from the actual date of injury. For children who lose a parent due to medical negligence, the law may extend the window until they reach 20 years of age. Either way, these cases are time-sensitive, and acting quickly is essential.
5. MICRA Caps Non-Economic Damages — And That Cap Is Increasing
For decades, California’s Medical Injury Compensation Reform Act (MICRA) limited the amount families could receive for non-economic damages like pain, suffering, or loss of companionship to just $250,000. As of January 1, 2023, that cap has changed. It has now increased to $500,000 for wrongful death cases, with an annual $50,000 increase until the cap reaches $1 million by 2033. After that, it will rise by 2% annually to adjust for inflation. This change reflects a major shift in how the law recognizes the value of emotional and intangible losses.
6. Economic Damages Are Not Capped in California
Unlike non-economic losses, California places no cap on the financial damages that families can claim after a wrongful death. These are damages tied to the real-world impact of the loved one’s death — things like lost income the person would have earned, the cost of funeral and burial arrangements, and even the value of services they provided around the home, such as childcare or elder care. These measurable losses can form a significant part of a wrongful death claim.
7. Emotional Losses Are Compensated — But Grief Alone Is Not
California law does allow families to be compensated for the loss of companionship, affection, guidance, and support that the deceased would have provided. However, the law draws a clear line: it does not permit compensation for grief, sorrow, or emotional distress in the abstract. While this distinction may seem arbitrary, it highlights the importance of presenting your loss in legal terms that align with what the law allows — another reason experienced representation is so important.
8. You May Also Be Eligible to File a Survival Action
A wrongful death claim focuses on what the family has lost. But a separate legal action, called a survival action, focuses on what the deceased experienced before passing. If your loved one suffered pain, disfigurement, or other non-economic damages before their death, you may be entitled to pursue compensation through a survival action. Thanks to Senate Bill 447, which took effect in 2022, plaintiffs in California can now recover non-economic damages in survival actions, at least until the law is reviewed in 2026. These cases also require a special report to be filed with the Judicial Council after resolution, which adds another layer of complexity.
9. You’ll Need Medical Expert Testimony to Prove Your Case
No matter how strong your story is, medical wrongful death cases can’t succeed without expert support. The law requires plaintiffs to provide testimony from qualified medical professionals who can explain exactly how the provider failed to meet the standard of care, and how that failure caused the death. This often means working with specialists, reviewing medical records in depth, and building a technical, evidence-based argument. Without expert testimony, courts won’t allow the case to proceed.
10. These Cases Are Complex — You Need Legal Representation You Can Trust
Between strict eligibility rules, evolving damage caps, overlapping claims (like survival actions), and complex medical testimony requirements, medical wrongful death cases are among the most difficult personal injury lawsuits to pursue. Having the right legal team behind you makes all the difference. At Law GBG, we’re here to help families heal, seek justice, and feel empowered through the process. Our compassionate, experienced attorneys are ready to stand with you every step of the way.
Let Us Help You Find Answers
You shouldn’t have to face this alone. If you believe your loved one’s death was caused by medical negligence, we’re here to help you understand your options — and your rights.
Contact Law GBG for a free consultation today. We’ll review your case with compassion and clarity, and fight for the justice your family deserves.