When a doctor or another healthcare professional fails to treat you by established professional standards or fails to do what any responsible healthcare provider would do in a similar situation, it’s medicinal negligence.

In California, if you are a victim of malpractice, you can be fully compensated for medical expenses, lost wages, and related costs. The state limits awards for pain and suffering to $250,000.

If you’ve been harmed by medical malpractice in Central California including Madera, Tulare, Kingsburg, or Hanford counties, call the experienced medical malpractice attorneys at Tomassian, Pimentel & Shapazian today.

Since 1992, our law firm has held doctors and hospitals accountable by successfully representing malpractice victims and winning maximum compensations in all kinds of medical malpractice cases.

How to Know if You May have a Medical Malpractice Claim in Fresno

Determining whether you have a medical malpractice claim involves understanding several key factors. First, you must establish that a doctor-patient relationship existed, which means the healthcare provider agreed to diagnose or treat you, and you agreed to be treated. This relationship sets the foundation for a duty of care.

Next, you need to demonstrate that the healthcare provider breached this duty by failing to adhere to the standard of care expected in their field. This breach could involve errors in diagnosis, treatment, aftercare, or health management, which deviate from what a reasonably competent doctor would have done under similar circumstances.

Once a breach of duty is established, the next critical step is proving causation. This means you must show that the healthcare provider’s negligence directly caused your injury or harm. It’s not enough to simply prove that the provider made a medical mistake; you must also link that mistake to actual damage or worsening of your condition.

Medical records, medical expert testimonies, and other evidence are crucial in this stage to establish that the provider’s actions were the proximate cause of your injury. This often requires a thorough medical review and the involvement of medical experts who can attest to the deviation from standard practices.

Finally, you must demonstrate that the injury led to specific damages. These damages can be physical, emotional, or financial.

  • Physical damages include additional medical procedures, prolonged recovery times, or permanent disabilities.
  • Emotional damages cover the psychological impact, such as stress, anxiety, or depression resulting from the incident.
  • Financial damages may include lost wages, additional medical bills, and other economic burdens caused by the injury.

If these elements—duty, breach, causation, and damages—are present, you may have a valid medical malpractice claim and should consider consulting with a specialized medical malpractice lawyer to explore your legal options.

Examples of Medical Malpractice

  1. Misdiagnosis or Delayed Diagnosis:
    • Failing to diagnose a serious condition such as cancer, leading to worsened patient outcomes.
    • Misdiagnosing a heart attack as a less serious condition like indigestion.
  2. Surgical Errors:
    • Performing surgery on the wrong body part or patient.
    • Leaving surgical instruments inside the patient’s body.
  3. Medication Errors:
    • Prescribing the wrong medication or dosage.
    • Failing to recognize dangerous drug interactions.
  4. Anesthesia Errors:
    • Administering too much or too little anesthesia.
    • Failing to monitor the patient’s vital signs during surgery.
  5. Birth Injuries:
    • Improper use of forceps or vacuum during delivery causing injury to the baby.
    • Failing to perform a timely C-section resulting in injury to the baby or mother.
  6. Failure to Treat:
    • Discharging a patient too early from the hospital.
    • Not providing appropriate follow-up care or referrals to specialists.
  7. Infections Due to Poor Sanitation:
    • Failing to maintain sterile conditions during surgery or other medical procedures.
    • Not properly cleaning and disinfecting medical instruments.
  8. Improper Medical Device Use:
    • Using defective or malfunctioning medical equipment.
    • Incorrectly installing medical devices like pacemakers or joint replacements.
  9. Errors in Medical Records:
    • Mixing up patient records leading to incorrect treatments.
    • Failing to update patient information, leading to inappropriate care.
  10. Lack of Informed Consent:
    • Performing a procedure without obtaining the patient’s informed consent.
    • Not fully explaining the risks and benefits of a treatment or procedure.

These examples illustrate various ways in which medical malpractice can occur, often leading to severe consequences for patients.


A misdiagnosis, delayed diagnosis, or failure to diagnose a stroke, heart attack, or cancer can be a life-threatening kind of malpractice. Misdiagnosis happens frequently; so do surgical mistakes.

Just a moment of carelessness or neglect in the operating room can lead to a punctured organ or internal bleeding, and we’ve all probably seen news stories about doctors removing the wrong organ or amputating the wrong limb.

If you’re the victim of any of these scenarios, call our medical malpractice attorneys immediately.

Gerald Tomassian represented me in a 2-year divorce which proved to be a very difficult one. I wasn’t confident going forward with the battle, but Mr. Tomassian assured me he was there to handle all the pressures. I could not have managed the stress and decisions that went along with my case without Gerald guiding me through. He is very professional, logical, reasonable, and just a nice guy. I will be hiring him to handle my will as well. I trust him and would recommend him for your legal needs. – Jamie Abney


Birth injuries are a particularly tragic result of medicinal negligence. Mistakes by obstetricians, maternity nurses, and midwives can injure a mother or a baby sometimes permanently. The most common birth injuries include Erb’s palsy, cerebral palsy, and brachial palsy. We aggressively represent families seeking justice for children injured at birth.

Medical malpractice isn’t limited to the hospital; it can also happen at the pharmacy. The wrong prescription, a prescription wrongly filled, prescription errors, or the wrong directions can be dangerous and sometimes deadly. Call our medicinal negligence attorneys at once if you suspect you’ve been made sick by prescription medication.

At Tomassian, Pimentel & Shapazian, our Fresno medical malpractice lawyers keep flexible hours to meet your scheduling needs, and we return every call promptly. Our staff speaks Spanish and French, so don’t let a language barrier keep you from the legal help you need.

If you are a victim of medical malpractice now or in the future, call Tomassian, Pimentel & Shapazian promptly at 559-545-0383 or contact us online to schedule an initial consultation for your medical malpractice case .