What the claim involves
Medical malpractice and hospital negligence claims run on their own rules.
A bad result is not, by itself, malpractice. The evidence must show that a provider fell below the standard of care and that the lapse caused added harm. California also gives these claims a shorter deadline, a 90-day notice before suit, a limit on non-economic damages, and a cap on the lawyer’s fee.
Kyle Scott has practiced law since 1991 and has run his own firm since 2003. He reviews the chart and the timeline, identifies who employed each provider, and arranges review by qualified medical experts when the records support it. If you need a medical malpractice lawyer in Irvine, your first conversation is with Kyle Scott himself.
Hospital or physician
A hospital answers for its own staff and systems, but many physicians who treat patients there are not hospital employees, so the records must show who did what. Who employed whom affects who can be named and how the damages limits apply. Hospitals in Irvine include Hoag Hospital Irvine and Hoag Orthopedic Institute on Sand Canyon Avenue, Kaiser Foundation Hospital – Orange County – Irvine on Alton Parkway, and UCI Health – Irvine on Jamboree Road, which opened in December 2025. They are named only as places where patients receive care, not as a comment on that care.
Public or private
The Regents of the University of California, which run UCI Health’s hospitals, are a public entity (Government Code § 811.2). A claim against a public provider generally starts with a written government claim within six months (§ 911.2), before any lawsuit.
Court or arbitration
Some health plans and providers require binding arbitration. That changes where the claim is decided, not whether you can bring it, and the firm reads any agreement you signed. Unlimited civil cases, which include most malpractice claims, are heard at the Central Justice Center, 700 Civic Center Drive West, Santa Ana.
Deadlines, the damages limit, and the fee cap
A lawsuit must be filed by the earlier of three years after the injury or one year after you discovered it, or reasonably should have (Code of Civil Procedure § 340.5), with at least 90 days’ written notice to the provider (§ 364). Pain-and-suffering damages are limited by Civil Code § 3333.2: through December 31, 2026, $470,000 in an injury case and $650,000 in a wrongful-death case, and in 2027, $510,000 and $700,000, rising each January 1 after that. The amount in effect at the time of judgment, arbitration award, or settlement applies, and up to three separate limits can apply. Medical bills, lost earnings, and future care are not capped. Business and Professions Code § 6146 caps the contingency fee at 25% of the net recovery before a lawsuit or arbitration demand is filed and 33% after.
Cases the firm reviews
Common medical malpractice matters.
Information that can matter
A strong claim starts with preserved evidence.
The useful records vary by case. The initial review identifies what exists, what may need to be requested, and what should be preserved before it is lost.
Legal guides
Answers to common medical malpractice questions.
Common questions
Questions about medical malpractice claims.
Is there a limit on what I can recover for medical malpractice in California?
Only for non-economic damages. Under Civil Code § 3333.2, the limit on pain-and-suffering damages is $470,000 in an injury case and $650,000 in a wrongful-death case through December 31, 2026, and $510,000 and $700,000 in 2027, rising each January 1 after that. The amount in effect at the time of judgment, arbitration award, or settlement applies, and up to three separate limits can apply, depending on which providers and facilities were involved. Medical bills, lost earnings, and future care costs are not capped.
How long do I have to file a medical malpractice claim in California?
Under Code of Civil Procedure § 340.5, the deadline is three years from the injury or one year from when you discovered it or should have, whichever comes first. You must also give the provider 90 days’ written notice before suing (§ 364). If the provider is a public entity, such as UCI Health, a government claim is generally due within six months. Children’s claims follow separate rules.
I was treated at UCI Health – Irvine. Is my claim different?
It can be. UCI Health’s hospitals, including the Irvine hospital on Jamboree Road, are run by the Regents of the University of California, which Government Code § 811.2 lists as a public entity. Claims against public entities generally require a written government claim within six months of the injury under Government Code § 911.2, before any lawsuit. Confirm the deadline early, because a missed claim can end the case.
My health plan requires arbitration. Can I still bring a claim?
Yes. An arbitration agreement changes where the claim is decided, not whether you can bring it. A neutral arbitrator decides the case instead of a jury, and California’s malpractice rules still apply, including the damages limit. Keep your plan documents and any agreement you signed.
How much does an Irvine medical malpractice lawyer cost?
The consultation is free. California also caps the contingency fee in these cases. Under Business and Professions Code § 6146, it cannot exceed 25% of the net recovery if the claim settles before a lawsuit or arbitration demand is filed, or 33% after.
Can a hospital be responsible for negligent care?
Yes. A hospital can be responsible for its own negligence, such as failures in nursing care, monitoring, or its systems. Many physicians who treat patients at a hospital are not its employees, so the records must show who did what. Hospitals and physicians may fall under separate damages limits (Civil Code § 3333.2). Hospital negligence claims follow the same deadlines and notice rules.
This page provides general information, not legal advice. A consultation is needed to evaluate the facts, deadlines, parties, and law that may apply to a specific matter.
Sources
Official sources.
The figures and rules of law on this page come from these official sources.
- California Code of Civil Procedure § 340.5 (medical malpractice deadline)
- California Code of Civil Procedure § 364 (notice of intent to sue a health care provider)
- California Civil Code § 3333.2 (medical malpractice non-economic damages cap)
- California Business and Professions Code § 6146 (contingency fee limits)
- California Health and Safety Code § 123110 (patient access to records)
- California Government Code § 811.2 (public entities)
- California Government Code § 911.2 (six-month presentation period)
- California Department of Health Care Access and Information — Hoag Hospital Irvine
- California Department of Health Care Access and Information — Hoag Orthopedic Institute
- California Department of Health Care Access and Information — Kaiser Foundation Hospital, Orange County – Irvine
- California Department of Health Care Access and Information — UCI Health – Irvine
- UCI Health — UCI Health – Irvine now open
- Orange County Superior Court — court designation list
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