Are you dealing with any of this?
A serious reaction after fillers or Botox
After the injection the skin turned white or purple or began to die, or you developed blurred vision or a drooping eyelid, and the clinic says it will pass.
A procedure done in a studio or private home
You booked through WeChat or social media at a much lower price, and only later learned the person may not hold any medical license.
Laser or radiofrequency burns and scarring
Blisters, pigmentation, or scars after a laser or RF skin-tightening treatment, and the provider blames your skin type.
Infection or complications after liposuction or a BBL
Infection, fat embolism, hospitalization, or revision surgery after liposuction or a Brazilian butt lift.
Misdiagnosis, delayed diagnosis, or medication error
Repeated visits for symptoms that were dismissed, until cancer, a heart attack, or a stroke was finally found. Or the wrong drug or dose.
Harm during surgery or childbirth
Wrong-site surgery, an instrument left inside, poor post-operative monitoring, or a birth injury. Nobody explained the risks before you signed.
What we handle in medical and cosmetic injury cases
These cases turn on evidence and expert opinion, so early work matters most.
Records and evidence
We request the complete chart and before-and-after photos, and preserve WeChat messages, booking records, payment receipts, and product labels before they disappear.
License and supervision check
We verify whether the person was a physician, registered nurse (RN), physician assistant (PA), or unlicensed, who supervised, and who owns the clinic. This affects whom you can sue and which rules apply.
Expert review
A physician in the relevant specialty reviews the records to assess whether care fell below the standard of care and whether that caused the injury.
90-day notice of intent
Before suing a licensed health care provider, California requires 90 days' written notice (CCP §364). We time it against the limitations period.
Negotiating with malpractice insurers
Doctors and clinics usually carry malpractice insurance. We deal directly with the carrier and defense counsel.
Lawsuit or arbitration
If negotiation fails we file suit. If you signed an arbitration agreement, the case may go to arbitration, so we review what you signed first.
Medical Board complaint
If you want to file with the Medical Board of California, we can help organize the materials. A complaint and a compensation claim are separate tracks.
California rules you need to know
These are general rules. How they apply depends on who the defendant is and the facts, so confirm deadlines early.
- Deadline: 3 years, or 1 year from discovery, whichever comes first：A negligence claim against a health care provider generally must be filed within 3 years of the injury or 1 year after you discovered (or should have discovered) it, whichever is earlier (CCP §340.5). The 3-year limit can be tolled for fraud, intentional concealment, or a non-therapeutic foreign body left in the body.
- Rules for minors：A minor generally must sue within 3 years of the wrongful act. A child injured before age 6 has 3 years or until the 8th birthday, whichever is longer (CCP §340.5). This matters in birth injury cases.
- 90-day notice before filing：At least 90 days' notice of intent to sue must be given to a licensed health care provider before filing (CCP §364). If the notice is served within the last 90 days of the limitations period, the deadline is extended 90 days from service.
- 2026 MICRA caps：Under Civil Code §3333.2 as amended by AB 35, the 2026 cap on noneconomic damages (pain, suffering, disfigurement) is $470,000 in non-death cases and $650,000 in death cases. The caps rise each January 1 by $40,000 and $50,000 until they reach $750,000 and $1,000,000, then by 2% a year from 2034. Up to three separate caps may apply depending on the defendants. Economic damages such as medical costs and lost income are not capped.
- Attorney fees are capped by statute：Contingency fees in cases against health care providers are limited by Business and Professions Code §6146: 25% if the case settles before a complaint or arbitration demand is filed, and 33% if recovered by settlement, arbitration, or judgment after filing. Anything above 33% requires court approval for good cause.
- Who may perform med spa procedures：According to the Medical Board of California, Botox, fillers, and lasers may be performed only by a physician, or by a registered nurse or physician assistant under physician supervision. Cosmetologists may not inject or use lasers, and unlicensed staff such as medical assistants may not inject. A med spa offering medical procedures must be physician-owned. The supervising physician need not be onsite but must be immediately reachable.
- Unlicensed providers may fall outside MICRA：MICRA's caps and the §340.5 deadline are aimed at licensed providers and licensed facilities acting within the scope of their license. Claims against an unlicensed person, or conduct outside a license, may fall outside MICRA and be treated as ordinary personal injury (for example, the 2-year deadline of CCP §335.1). If a supervising physician or clinic is also sued, MICRA may still apply to them, so each defendant has to be analyzed.
How a medical case moves forward
Free initial assessment
Tell us what procedure or treatment you had, where, and what went wrong, and share photos and messages if you can. We first look at deadlines and potential defendants.
Preserve evidence and obtain records
After you sign, we request the full chart, preserve photos, messages, and payments, and check the provider's and clinic's licenses.
Expert review
A medical expert in the relevant field evaluates whether there was a breach of the standard of care and whether it caused your injury.
Notice and negotiation
We serve the 90-day notice on licensed defendants, present the claim, and negotiate with the insurer. Every offer is explained and the decision is yours.
Lawsuit or arbitration, then distribution
If talks fail we file suit or proceed to arbitration within the deadline. At closing we negotiate medical balances and liens and give you a written settlement statement.
Fees for medical malpractice cases
Free initial assessment
The first conversation costs nothing. We will tell you the main hurdles, including whether an expert is needed and how much time is left.
Contingency, within statutory limits
No recovery, no attorney fee. The percentage is set in a written agreement before you sign and cannot exceed the legal caps: 25% if settled before filing, 33% after filing.
Case costs are defined in the agreement
Who advances expert review, records, and court or arbitration fees, and how those costs are deducted at the end, is spelled out in the engagement agreement.
- Under B&P Code §6146, attorney fees in professional negligence cases against health care providers are capped at 25% for pre-filing settlements and 33% after filing. These are maximums and a lower rate may be negotiated (B&P Code §6147).
- The contingency agreement is in writing, states the rate, and explains how case costs affect your net recovery.
- We do not promise any particular recovery or outcome.
Medical malpractice and med spa questions
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
