Orange County Medical Malpractice Lawyer

You generally need evidence that a provider fell below the standard of care and that the lapse caused harm you would not otherwise have suffered, such as added treatment, disability, or lost earnings. A bad outcome alone is not enough, because complications can happen even with good care. Review of the records by qualified medical experts usually answers the question.

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 public, such as UCI Health, a government claim is generally due within six months. Children’s claims follow separate rules.

The cap applies only to non-economic damages, such as pain and suffering. Under Civil Code § 3333.2, it 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. Up to three separate limits can apply in one case. Medical bills, lost earnings, and future care costs are not capped.

The consultation is free, and the firm works on a contingency fee. California caps that fee in malpractice cases: under Business and Professions Code § 6146, it cannot exceed 25% of the amount recovered if the claim settles before a lawsuit or arbitration demand is filed, or 33% after, unless a court or arbitrator approves more after trial or arbitration. The written agreement must state these limits and that a lower rate can be negotiated (§ 6147).

Sometimes. A missed or late diagnosis supports a claim when a reasonably careful provider would have caught it and the delay changed the outcome, for example because the illness progressed before treatment started. Expert review of the imaging, pathology, and test results usually decides both questions. The one-year deadline generally runs from when you discovered, or should have discovered, the injury.

It can be. UCI Health’s hospitals are run by the Regents of the University of California, which Government Code § 811.2 lists as a public entity. A written government claim is generally due within six months of the injury under Government Code § 911.2, before any lawsuit, and the usual malpractice rules also apply. A missed claim deadline can end the case, so confirm it early.

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. Claims by Kaiser Foundation Health Plan members in California are generally arbitrated through the Office of the Independent Administrator, which is not part of Kaiser.

It can be either, and the difference matters. When a nursing facility neglects an older or dependent adult’s basic care, such as turning and repositioning, the claim may fall under California’s Elder Abuse Act, which allows attorney’s fees and costs if recklessness or worse is proven (Welfare and Institutions Code § 15657). Claims based on a provider’s professional negligence stay under the malpractice rules.