Medical malpractice that results in the death of a loved one is more common than you may think. If it wasn’t common then doctors would not be required to carry malpractice insurance. The thought of going up against a large Medical Center or hospital can be scary but the right attorney can and will help lessen the burden. When should I consult an attorney? If you suspect malpractice then you should consult with a professional immediately. California Code of Civil Procedure 340.5 states that a suit must be filed within.