Can a Car Crash Lead to Medical Malpractice and a PI Claim?

By Yosi Yahoudai Founder and Managing Partner

February 17, 2026

Personal Injury

A serious car crash doesn’t always end when the wreckage is cleared. 

For some patients, the crash is only the beginning. Trauma leads to surgery. Surgery leads to a preventable medical error. And that error causes permanent sexual or reproductive harm that never should have happened. 

These cases expose a gap in how people think about responsibility. It’s not either the driver or the doctor. In California, it can be both. And when personal injury and medical malpractice attorneys work together instead of in silos, clients are far more likely to get real answers, full accountability, and outcomes that reflect the true scope of harm. 

Can One Accident Create Two Separate Legal Injuries? 

Yes, and it happens more often than people realize. 

In California, the law recognizes what common sense already tells us: if someone is seriously injured in a crash and needs medical treatment, the crash didn’t just cause broken bones. It forced the patient into the healthcare system. And if that treatment is negligently performed, the law doesn’t pretend the second injury exists in a vacuum. 

Under California jury instructions, if a person is harmed by another’s negligence and then suffers additional harm during reasonable medical treatment, the original wrongdoer may still be legally responsible for that downstream injury. Courts have described this as a foreseeability principle: medical care is part of the normal aftermath of a serious crash. 

The collision essentially set the stage for everything that followed. 

A Real-Life Example at J&Y Law 

In one case, our client was struck by a car and required surgery to his genital region as a direct result of the collision. The surgery was supposed to stabilize and repair the damage. Instead, it went wrong. He developed retrograde ejaculation, a condition where semen is diverted into the bladder rather than exiting the body. 

Physically, it’s not something you see. But functionally, it can mean the loss of fertility without advanced medical intervention. Emotionally, it raises a question no one prepares you for after a car accident: what is the value of never being able to start a family the way you planned? 

“You won’t see this type of injury on an X-ray, but it can shatter a man’s plans for fatherhood and his sense of self,” says Parham Nikfarjam, Senior Trial Attorney at J&Y Law. “The emotional toll is just as real as the physical harm sometimes. We make sure our clients are seen and heard.” 

Legally, this is where the case stops being a single story. Now there are multiple layers of responsibility: the driver whose negligence caused the crash, and the medical providers whose surgical error caused permanent reproductive harm. You’re no longer dealing with one insurer, one theory of fault, or one type of damage. You may be navigating auto liability coverage, medical malpractice carriers, comparative fault questions, and entirely different legal frameworks for how damages are calculated. 

In California, non-economic damages like pain and suffering are generally apportioned by fault among defendants under Civil Code 1431.2 (Prop 51). Medical malpractice claims are also governed by MICRA, which has its own rules for non-economic damages under Civil Code 3333.2. That means how the case is structured and who is responsible for which losses matters as much as the facts themselves. 

Why Do These “Second Injury” Cases Demand Collaboration? 

Because specialization alone isn’t enough. These cases require integration. 

When PI and med-mal attorneys work separately, insurance companies benefit from blame-shifting: 

• The auto carrier says, “It’s the doctor’s fault.” 
• The medical carrier says, “It all started with the crash.” 

A coordinated legal team keeps the story intact: one person, one chain of harm, one life permanently altered. 

Collaboration also ensures that damages aren’t artificially minimized. Sexual and reproductive injuries aren’t just “pain and suffering.” They often involve future medical care, fertility planning, psychological treatment, relationship impacts, vocational consequences, and identity disruption. When each lawyer only sees their own lane, pieces of that harm can get lost. 

Just as importantly, coordination protects the client from process chaos. Two defendants can mean duplicative experts, invasive examinations, repeated questioning, and conflicting deadlines. A unified strategy can maximize the value of the case. 

Why Are Sexual and Genital Injuries So Often Overlooked? 

Because they sit at the intersection of stigma and silence. 

Medical research makes clear that genital and sexual injuries after trauma are not rare—but they are under-reported and under-treated. Emergency department data show thousands of U.S. visits each year for serious genital injuries, and trauma literature consistently links pelvic and surgical trauma to later sexual dysfunction, depression, anxiety, and relationship strain. 

Many patients delay disclosure because of shame, masculinity norms, fear of embarrassment, or concern about how they’ll be perceived. That silence then gets weaponized: “There were no complaints in the chart.”  That absence of documentation is often the result of stigma. 

These are injuries people can’t joke about, can’t post about and sometimes, can’t even say out loud. When the injury isn’t just pain, but identity, fertility, and future family plans, the question is whether the full human cost is being seen at all. 

How California’s Medical Malpractice Rules Complicate These Cases 

California’s MICRA framework matters because it shapes how responsibility is allocated, not because clients need a math lesson. 

Malpractice claims are subject to specific non-economic damage structures that don’t apply the same way to auto negligence claims. That means strategic decisions—who is sued, for what conduct, and how damages are characterized—can significantly affect whether the full scope of harm is recognized. 

In plain terms: the same injury can be valued very differently depending on how the case is architected. That’s why early coordination matters. 

Do Medical Malpractice Rules Vary By State? 

Yes. Medical malpractice rules differ significantly by state, especially when it comes to damage caps, comparative fault, and how responsibility is divided among multiple parties. Some states have strict caps, some have none, and some caps have been struck down by courts. Organizations like the National Conference of State Legislatures (NCSL) and the American Medical Association track these differences. 

Even when the medical facts are identical, venue can change strategy, leverage, and outcome. California’s rules make collaboration especially critical. 

How PI & Med-Mal Collaboration Protects Patients 

At J&Y Law, we’ve seen how complex cases fall apart when handled in isolation at other firms. We’ve also seen how they come together when the right teams work collaboratively. If you or someone you love suffered a “second injury” after a crash, talk to our legal team about what really happened.  

“Our team is trained to handle these sensitive cases with care and grit,” says Nikfarjam. “We’ve walked thousands of people through injury claims. We dig deeper into liability, move fast to preserve evidence, and partner with med-mal firms to apply even more pressure to the defense.” 

Don’t let embarrassment, confusion, or deadlines close the door on your case.