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Frequently Asked Questions

Frequently Asked Medical Malpractice Questions

Have Questions About Your Case? Call (213) 519-5636

Medical malpractice lawsuits can be complicated. Your lawyer must prove that the injuries you sustained were the result of medical negligence and substandard care from the treating medical professionals. Medical malpractice is a deviation from the accepted medical standard of care and providers can be held accountable for hurting patients when they fail to meet the standard.

We understand you may have questions. In order to help answer those questions, we have compiled answers to some of our most frequently asked questions:

What types of medical malpractice cases does your law firm handle?

Our firm handles all types of medical malpractice cases and has devoted over 60 years to refine the tools and strategies we use to litigating complex claims.

Our interest is in helping you recover and be able to move forward with your life as best as possible. From birth injuries to paralysis, from injuries caused by contaminated instruments or medical equipment failure to medication errors and more, our firm is committed to providing you with the aggressive representation you need.

How will compensation help now and in the future?

While money alone can never reverse the damage caused by a negligent doctor, it can provide financial relief for things like present and future medical expenses, rehabilitation, medication, and non-economic damages like pain and suffering or loss of enjoyment of life.

How much will it cost to have your firm represent me?

Our firm works on a contingency fee basis. This means that we are not paid unless we win your case. Our payment is a percentage of your total recovery. We work in this fashion as it allows us to cover the necessary expenses of investigating and litigating your case and because we want clients to focus on their physical recovery while we focus on the case.

Are all medical mistakes considered malpractice?

No. There is a certain margin of error that is accepted in the medical field. A mistake becomes malpractice when it deviates from the accepted standard. Because there are so many individual factors in every patient’s medical treatment, malpractice claims are highly fact specific and need to be evaluated by experienced lawyers to determine if a provider’s conduct rose to the level of negligence.

By the time I was diagnosed with my medical condition, the damage was irreversible. Do I have a “failure to diagnose” case?

You may. Some health conditions are inherently difficult to diagnose or are incredibly rare. If, however, your doctor failed to conduct all the necessary diagnostic tests, neglected the medical evidence in front of them, or otherwise failed to make a proper diagnosis when any other medical practitioner in good faith could have made a correct diagnosis, then you may have a claim.

Why should I choose your firm?

Our firm is broadly recognized as one of the best medical malpractice law firms in the country. We have over six decades of experience representing clients and in that time, we have won more than $1 billion in compensation for our clients.

James Bostwick is a Certified Medical Malpractice Specialist who has received the Trial Lawyers "Presidential Award of Merit" for winning the largest verdict of its type in all of California. We have recovered record birth injury and medical malpractice results in 5 different states and since 2018, we have twice beaten and set the record for largest medical malpractice recovery in California history.

Our attorneys at Bostwick & Peterson are passionate about helping families. If you have more questions about medical malpractice or wish to discuss a potential case, contact us.

Watch Our Firm Videos

  • Firm Overview

    We take the time to get to know our clients and ...

  • Negligent Medical Providers
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  • Inner Circle of Advocates
    Inner Circle of Advocates

    Invitation-only organization of the top 100 plaintiff trial lawyers in the U.S.

  • International Academy of Trial Lawyers
    International Academy of Trial Lawyers

    Former President of the International Academy of Trial Lawyers, limited to the top 500 trial lawyers in the U.S.

  • Super Lawyers 2022
    Super Lawyers 2022

    James S. Bostwick and Erik L. Peterson have been named top-rated medical malpractice attorneys.

  • American Board of Trial Advocates
    American Board of Trial Advocates

    Invitation-only group of the nation’s top civil lawyers and judges.

  • American Board of Professional Liability Attorneys
    American Board of Professional Liability Attorneys

    James Bostwick is a nationally certified medical malpractice specialist and founding member.

  • The Best Lawyers in America
    The Best Lawyers in America

    Recognized since its inception in 1983 by this peer-reviewed publication, comprised of the best legal talent in the world.

  • U.S. News Best Law Firms 2024
    U.S. News Best Law Firms 2024

    Recognized for professional excellence with impressive ratings from clients and peers.

  • The National Trial Lawyers
    The National Trial Lawyers

    James Bostwick & Erik Peterson are listed in the Top 100 Trial Lawyers.

  • Multi-Million Dollar Advocates Forum
    Multi-Million Dollar Advocates Forum

    An exclusive group limited to less than 1% of U.S. attorneys who have won multi-million dollar results.

  • Lawdragon

    James Bostwick inducted into the Hall of Fame and featured among the Top 500 Leading Plaintiff Consumer Lawyers in America.

  • Expertise - 2024
    Expertise - 2024 finds and reviews the top service professionals in over 200 industries across the U.S.



  • More Than $1 Billion In Settlements And Verdicts For Our Clients
  • Obtained the Largest Medical Malpractice Settlement in California
  • Included In The List Of "Best Lawyers In America" By U.S. News - Best Lawyers® Since Its Inception In 1983
  • Since January 2018, The Firm Has Twice Broken The California Record For Largest Medical Malpractice Settlements
  • Record-Setting Verdicts & Settlements In Four States, For Malpractice, Truck, And Auto Accidents
  • Invite-Only Member Of The Inner Circle of Advocates, Limited To The Nation’s Top 100 Plaintiff Lawyers
  • James Bostwick Received The Trial Lawyers "Presidential Award Of Merit"
  • James Bostwick Is A Nationally Certified Specialist By The American Board Of Professional Liability


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