San Diego Hospital Negligence Attorney

Hospitals in San Diego are trusted to provide care that protects patients during treatment and recovery. Families depend on nurses, doctors, and technicians to communicate, monitor changes, and make sound decisions. 

That trust is built on the belief that everyone involved will act with attention and care. When that standard isn’t met, the results can be serious. 

• A delay in reading test results allows a condition to worsen. 
• A patient is discharged before a full evaluation. 
• Medication is administered incorrectly because one detail in the chart was missed. 

These failures can lead to long-term injury and leave families searching for answers.

For over 40 years, Thorsnes Bartolotta McGuire has represented victims of hospital negligence in San Diego, recovering over $2 billion in verdicts and settlements. We look at how treatment was handled, what decisions were made, and whether the hospital responded appropriately when your condition changed or when your family raised concerns.

“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

If you’re looking for a San Diego hospital negligence lawyer, we can help you understand what happened and what options may be available. Contact us at (619) 236-9363 for a free case review.

What Is Hospital Negligence? 

San Diego hospitals, including Scripps Mercy, UC San Diego Health, Sharp Grossmont, Kaiser Permanente, and Naval Medical Center, carry legal responsibilities for patient safety. 

Each facility sets protocols, manages staff assignments, tracks test results, maintains equipment, and monitors changes in condition. When any of these systems break down and a patient suffers harm, that can qualify as hospital negligence under California law.

Negligence happens when the hospital fails to enforce or follow basic safeguards. These failures can occur in emergency rooms, surgical recovery units, maternity wards, or intensive care. 

Oversights, delays, and disorganization can harm patients in ways that are often preventable with simple adherence to standards.

For example:

• Discharging a patient with unstable vitals because no one did a final check,
• Delays in treatment because a radiologist’s report sat unread for hours,
• Infection risks due to improper sterilization or unclean surfaces,
• Medication mix-ups because of missing labels or rushed verifications,
• Unmonitored deterioration because nurses are overloaded and unable to respond quickly, or
• Injuries during shift changes when critical information gets lost during handoff.

Hospital negligence can happen anywhere: in the emergency department, maternity ward, surgical recovery room, or long-term care unit. If something during your care felt rushed, disorganized, or ignored, and the outcome was worse because of it, a review of your case could reveal whether the hospital’s failure contributed to your injury.

A San Diego hospital negligence attorney can help identify whether the harm you experienced was preventable and whether it reflects broader failures in how the facility operates.

What Can You Do if You Suspect Hospital Negligence?

If you believe a San Diego hospital’s failure caused serious harm to you or someone you love, there are immediate steps you can take. Hospitals have legal teams, risk managers, and insurers ready to act quickly. 

You should have someone looking out for you just as early in the process.

Request Medical Records Immediately

Ask the hospital for a full copy of your chart, test results, medication logs, discharge notes, and billing summaries. These records help show what happened at each stage of care. They also create a timeline of decisions, delays, and changes in condition. 

Hospitals are required to provide these records upon request. You do not need to explain why you're asking.

Write Down What You Experienced

Use a notebook, voice memo, or phone app to record everything you remember. Include the names of nurses or doctors, conversations about your condition, and anything unusual about the care. 

Make note of any gaps, long waits, repeated mistakes, or changes in symptoms. Photograph visible injuries. Save any instructions, labels, prescriptions, or notes provided during or after your stay.

Avoid Talking to Insurance Adjusters

You may receive a call from a hospital representative or insurer. Do not answer questions or provide a recorded statement. These conversations are designed to gather information that limits the hospital’s liability. Say that you are reviewing the matter with a lawyer for hospital negligence in San Diego and end the call.

Speak with a Hospital Negligence Attorney

A San Diego hospital negligence attorney will analyze your records and identify where care failed. Many relevant documents are not released without legal action. Expert medical opinions are often required to show that treatment fell below accepted standards. Without legal representation, most families cannot access the material needed to evaluate a claim.

File a Report with Oversight Agencies

You may also report the incident to:

• California Department of Public Health—investigates unsafe conditions, failures in care, and understaffing
• The Joint Commission—reviews complaints against accredited hospitals
• Medicare BFCC-QIO—handles complaints about discharge or care involving Medicare patients
  

These agencies examine hospital safety and quality but do not award compensation. Financial recovery comes through a hospital negligence claim.

If you or someone you love was seriously injured due to failures in care at a San Diego hospital you may be entitled to compensation. Call Thorsnes Bartolotta McGuire at (619) 236-9363 or message us to schedule a free consultation.

What Does Compensation for Hospital Negligence Cover?

A hospital negligence claim addresses what the injury has cost you physically, financially, and personally, such as:

Medical Costs and Missed Income

• Hospitalizations, surgeries, rehabilitation, and any future care required;
• Prescription medications and durable medical equipment;
• Wages lost during recovery;
• Loss of future income if the injury limits your ability to work
• Related expenses, such as transportation to follow-up appointments or in-home support

Long-Term Impact on Daily Life

• Chronic pain or permanent mobility restrictions;
• Emotional distress, including sleep disruption and post-injury anxiety;
• Loss of independence or inability to return to prior routines;
• Physical disfigurement or scarring; and
• Strain on family relationships, including reduced companionship or support.

In Cases of Death

If a loved one dies due to hospital negligence, families may seek compensation for:

• Funeral and burial costs;
• Lost income the individual would have earned; and
• Loss of support, guidance, and presence within the family.

When Misconduct Is Deliberate

In California, a hospital or medical provider can face punitive damages, but only in rare situations. The court has to see clear proof that the hospital acted with extreme disregard for patient safety, for example, by hiding serious errors or knowingly allowing dangerous conditions to continue. 

A patient usually needs court approval to add a request for punitive damages, and even then, such awards are uncommon and reserved for the most serious misconduct.

Why Legal Representation Matters

Hospitals manage their response internally when a patient is injured. They decide which records to produce, how information is framed, and who evaluates the care. Families receive limited detail and no explanation for delays or outcomes that don’t match what they witnessed.

We’ve seen what that looks like firsthand. In one of our cases, a woman came to the hospital showing signs of a stroke. She was diagnosed with a migraine and sent home. Hours later, she collapsed. The stroke left her permanently disabled. During her hospital stay, she fell several times, despite written instructions from her physician requiring constant monitoring.

Thorsnes Bartolotta McGuire secured a $1.2 million settlement to support her medical care, daily needs, and family support.

Families represented by an experienced San Diego hospital negligence lawyer have access to resources and information they would not otherwise receive. Studies show they also tend to recover more in verdicts and settlements compared to those who go through the process without help.

“With hospital negligence, we’re not dealing with ‘cases.’ We’re dealing with families whose lives have been fundamentally altered. Our job is to pinpoint the exact failures that caused this and ensure accountability, period.”

—Vincent J. Bartolotta, Jr., Founding Partner at Thorsnes Bartolotta McGuire

Why Choose Thorsnes Bartolotta McGuire?

If you were seriously injured at a San Diego hospital and something about your care didn’t feel right, we can help you understand what happened.

Thorsnes Bartolotta McGuire has handled hospital negligence cases in San Diego for over 40 years. We’ve worked with patients and families affected by delays, missed diagnoses, surgical injuries, improper discharge, and other failures in care.

We review what the hospital did, when decisions were made, and how your condition was handled. If those decisions caused further injury, we build a claim to recover what you’ve lost.

Contact us online or by calling (619) 236-9363 to schedule a free case review with an attorney for hospital negligence in San Diego.

Proudly Representing San Diego Residents