What the claim involves
A malpractice claim runs on different rules than other injury cases.
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. This page covers how the rules apply to care in and around Tustin.
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. Whether you need a medical malpractice lawyer in Tustin or North Tustin, your first conversation is with Kyle Scott himself.
Who provided the care
Physicians, medical groups, hospitals, surgery centers, and health plans can all be involved. Who employed whom affects who can be named, how the damages limit applies, and whether the case goes to court or arbitration. Foothill Regional Medical Center on Newport Avenue and Encompass Health Rehabilitation Hospital of Tustin on Kensington Park Drive are in Tustin, UCI Health – Orange and Providence St. Joseph Hospital are in Orange, and Hoag Hospital Irvine and UCI Health – Irvine, which opened in December 2025, are in Irvine. They are named only as places where patients receive care, not as a comment on that care. North Tustin is unincorporated county land, not part of the City of Tustin, and the same California rules apply there. When a nursing facility neglects an older or dependent adult’s basic care, the claim may fall under the Elder Abuse Act, which provides for attorney’s fees and costs on proof of recklessness, oppression, fraud, or malice (Welfare and Institutions Code § 15657), while claims based on a provider’s professional negligence stay under the malpractice rules (§ 15657.2).
What the records show
The chart, imaging, medication records, and nursing notes usually decide whether a claim exists, and the firm requests records from every provider involved. A provider must let you inspect your records within five working days of a request and send copies within 15 days (Health and Safety Code § 123110).
Which clock is running
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). If the provider is public, such as UCI Health, a written government claim is generally due within six months (Government Code § 911.2) and may come first. The Regents of the University of California, which run UCI Health, and counties are public entities (§ 811.2).
The damages limit, the fee cap, and the courthouse
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: one for health care providers, one for health care institutions, and one for unaffiliated providers or facilities whose separate negligence occurred at another facility or in transport to it. 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. Unlimited civil cases, which include most malpractice claims, are heard at the Central Justice Center, 700 Civic Center Drive West, Santa Ana.
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. Is my claim different?
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. Claims against public entities generally require a written government claim within six months of the injury under Government Code § 911.2, before any lawsuit. The usual malpractice rules also apply. 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 a Tustin 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.
What should I do if I think a doctor or hospital made a mistake?
Seek care from another provider and keep your records. While details are fresh, write down a timeline of symptoms, appointments, calls, and the names of people you spoke with. Request copies of your chart; under Health and Safety Code § 123110, providers must send copies within 15 days of a request. Then have the deadlines checked early, because the one-year discovery period can run quickly.
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 Welfare and Institutions Code § 15657 (enhanced remedies)
- California Welfare and Institutions Code § 15657.2 (professional negligence)
- California Department of Public Health — licensed and certified healthcare facility listing
- California Department of Health Care Access and Information — Foothill Regional Medical Center
- California Department of Health Care Access and Information — UCI Health – Irvine
- UCI Health — UCI Health – Irvine now open
- OC Public Works — unincorporated areas of the Third District (North Tustin)
- Orange County Superior Court — court designation list
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