Chula Vista Medical Malpractice Lawyer

When a doctor, surgeon, or hospital in Chula Vista makes an error that harms a patient, the physical and financial toll can follow that patient for years. Whether the error was a misread scan, a delayed surgery, or a dangerous medication mistake, these are failures that trained providers should have caught and prevented.

The patients who suffer because of those failures need attorneys with a proven track record who will fight to recover the compensation they are owed.

Thorsnes Bartolotta McGuire has represented injured patients and families across Southern California for over 48 years. Our firm has recovered over $2 billion for clients harmed by negligent healthcare providers, and we bring that same depth of experience and commitment to every medical malpractice case in Chula Vista.

Call (619) 236-9363 for a free, confidential case review with a Chula Vista medical malpractice lawyer.

"The team at Thorsnes Bartolotta McGuire took the time to really get to know our family. Their compassion and commitment for justice made a big impact on us and on our outcome. I would highly recommend each and every one on their team." 

— Lynn Duncan

Common Types of Medical Malpractice Cases in Chula Vista

Medical malpractice covers a wide range of provider errors, each with the potential to cause lasting physical, emotional, and financial harm.

• Misdiagnosis and delayed diagnosis. A stroke misread as a migraine or cancer symptoms attributed to stress can cost patients the treatment window they need. Every hour of delay narrows the chance of recovery and increases the risk of permanent disability.
• Surgical mistakes. Operating on the wrong body part, damaging organs or nerves during a procedure, and leaving instruments inside a patient are errors that often require additional surgeries and extended hospitalization.
• Medication errors. Prescribing the wrong drug or dosage, missing dangerous drug interactions, and dispensing incorrect prescriptions at the pharmacy level can cause serious and sometimes fatal reactions.
• Birth injuries. Delayed cesarean sections, improper use of forceps or vacuum extractors, and failure to respond to fetal distress can leave newborns with permanent brain damage, nerve injuries, or developmental disabilities.
• Anesthesia errors. Incorrect dosing or failure to monitor vital signs during surgery can lead to brain damage, cardiac arrest, and death.
• Hospital-acquired infections. Facilities that fail to follow sterilization protocols or maintain sanitary conditions put patients at risk for infections that proper care would have avoided.‍
• Failure to follow up. Lost test results, missing discharge instructions, and poor coordination between specialists create gaps where treatable conditions worsen rapidly.

Hospitals and Medical Centers Serving Chula Vista Patients

Chula Vista residents receive care at facilities throughout the South Bay and greater San Diego region. Medical malpractice cases our firm handles often involve treatment at:

• Sharp Chula Vista Medical Center
• Scripps Mercy Hospital Chula Vista
• Kaiser Permanente Chula Vista Medical Offices
• UCSD Health
• Sharp Memorial Hospital
• Rady Children's Hospital

Urgent care centers, outpatient surgical facilities, and private physician offices throughout Chula Vista also provide care where errors can and do occur. Our Chula Vista medical malpractice lawyers investigate every case thoroughly, no matter which facility or provider was involved.

Do I Have a Medical Malpractice Case?

California law requires proof of four elements in a medical malpractice claim:

• A provider-patient relationship existed, meaning the healthcare provider owed you a duty of care.
• The provider violated the accepted standard of care. This means the provider's actions or inactions fell below what a reasonably competent provider in the same specialty would have done under similar circumstances.
• That violation directly caused your injury.
• The injury resulted in measurable damages, including medical bills, lost income, pain, or diminished quality of life.

There are questions worth asking yourself as you evaluate your situation:

• Did your condition get worse after treatment instead of better?
• Did a second doctor express surprise or concern about the care you received?
• Were abnormal test results ignored or never communicated to you?
• Did your provider fail to explain risks before a procedure?
• Were you discharged too quickly or without follow-up instructions?

A study by Martindale-Nolo discovered that over 90% of people who hired a lawyer received a settlement or award, but only about 50% of people who handled their cases on their own were able to recover compensation. 

Medical malpractice cases involve complex medical evidence and aggressive defense teams backed by hospital insurance carriers, and having experienced legal representation makes a meaningful difference in results.

You trusted a healthcare provider to help, and that trust was broken. Call (619) 236-9363 to speak with a Chula Vista medical malpractice lawyer at Thorsnes Bartolotta McGuire, or contact us online for a free case evaluation.

Compensation Available in Medical Malpractice Claims

Patients harmed by medical negligence face expenses and losses that extend far beyond the original injury. A successful malpractice claim can recover compensation for the following:

• Past and future medical expenses cover corrective surgeries, hospital stays, rehabilitation, prescription medications, home health aides, and adaptive equipment made necessary by the malpractice.
• Lost wages and earning capacity account for income lost during recovery and the diminished ability to earn a living when the injury prevents a return to the patient's previous career.
• Pain and suffering addresses the physical pain, emotional distress, anxiety, depression, and diminished quality of life caused by the injury.
• Loss of consortium compensates a spouse or family member for the loss of companionship, affection, and support when a malpractice injury strains or fundamentally alters the family relationship.
• Wrongful death damages allow surviving family members to recover funeral costs, lost financial support, and compensation for the emotional devastation of losing a loved one to preventable medical negligence.

One of our medical malpractice cases involved a doctor who failed to identify fetal distress and failed to perform a timely cesarean section. The patient was sent home without any instructions concerning fetal monitoring. The child remains profoundly disabled and requires constant care and attention. Our firm secured a $2.6 million settlement for the family.

We also represented a woman who showed symptoms of a stroke but was misdiagnosed as having a migraine. She eventually collapsed from a stroke that left her permanently disabled, and her condition was worsened by repeated falls after she was left unattended in the hospital against the treating physician's orders. That case was resolved for a $1.2 million settlement.

How a Medical Malpractice Lawsuit Works in California

Filing a medical malpractice lawsuit in California follows a specific legal process with requirements that differ from other personal injury claims.

Obtaining and reviewing medical records is the first step. Your Chula Vista medical malpractice attorney will gather all records related to your treatment and have them analyzed by qualified medical experts who can identify where the standard of care was breached.

The notice of intent to sue must be served on the healthcare provider at least 90 days before filing a lawsuit. This notice gives the provider an opportunity to respond and triggers a statutory extension of the filing deadline.

The statute of limitations generally gives you three years from the date of injury or one year from the date you discovered (or reasonably should have discovered) the injury, whichever comes first. Exceptions exist for cases involving minors and cases where a provider concealed the malpractice.

Expert witness testimony is required in California medical malpractice cases. Your Chula Vista  medical malpractice attorney must present testimony from a qualified medical expert who can explain to the court how the provider deviated from the standard of care and how that deviation caused your injury.

Negotiation and trial follow the discovery phase. Most medical malpractice cases resolve through settlement negotiations, but our Chula Vista medical malpractice attorneys prepare every case as though it will go to trial. Hospitals and their insurers know the difference between a firm that settles quickly and one with the track record and resources to take them before a jury.

Why Choose Thorsnes Bartolotta McGuire for Your Medical Malpractice Case

Our firm has been taking on hospital defense teams and corporate insurers since 1978, when we became one of the first contingency fee law firms in Southern California. Over the 48 years since, we've recovered over $2 billion for injured clients, and our work has earned recognition at every stage of our history:

• American Lawyer Magazine named us one of 20 outstanding new law firms in the nation, and
• U.S. News & World Report and Best Lawyers® rank us Tier One in San Diego for Personal Injury Litigation and Product Liability Litigation.

Results tell part of the story. The other part is how we treat the people we represent. Our founding partner, Vincent J. Bartolotta, Jr., was recently named San Diego's 2025 Nice Guy of the Year by the San Diego Nice Guys, a nonprofit that has provided over $20 million in direct assistance to San Diego families since 1979.

"There's really no secret about what I do…I really do care for my clients; each case gets the same kind of attention my family would get."

— Vincent J. Bartolotta, Jr.

Speak with a Chula Vista Malpractice Lawyer Today

Our team is ready to review your medical records, evaluate the care you received, and explain your legal options. Every consultation is free and confidential, and you will speak directly with a Chula Vista medical malpractice attorney who handles medical malpractice cases.

Call (619) 236-9363 or fill out our online form to get started.