A medical error can lead to significant setbacks for patients and their family members across Orange County and beyond. Preventable medical errors can cause a worsening of an injury or illness, or they can cause a completely new injury or illness that the patient has to contend with. At Callahan & Blaine, we are here to help if you need an Irvine medical malpractice attorney by your side. Our medical malpractice lawyers have extensive experience handling complex medical mistake cases throughout California, and we have the resources necessary to help you through this entire process. Our legal team understands the devastating impact that medical negligence can have on injured patients and their families, and we’re committed to holding negligent medical professionals accountable. Contact us today for a free consultation to discuss your case.
The Scope of Medical Malpractice: A Public Health Crisis
Recent statistics reveal the true magnitude of preventable medical errors in the United States. Research published by Johns Hopkins Hospital indicates that between 250,000 and 400,000 deaths occur annually due to medical errors, making preventable medical error the third leading cause of death in America – behind only heart disease and cancer. These sobering figures highlight the urgent need for accountability when healthcare providers fail to meet accepted standards of care.
The economic impact is equally staggering, with medical errors costing the healthcare system an estimated $20 billion annually. Beyond these costs, injured patients face mounting medical expenses, lost wages, and diminished earning capacity that can persist for years or even a lifetime. For victims and family members dealing with such situations, pursuing a medical malpractice claim becomes not just about financial compensation but about holding negligent medical professionals accountable and preventing similar harm to future patients.
Despite the high incidence of preventable medical errors, studies show that medical malpractice is actually under-litigated. Only about 5% of deaths caused by medical errors result in malpractice lawsuits or compensation payouts. This reality contradicts the common perception of excessive medical malpractice litigation and underscores how many victims suffer harm without seeking the justice they deserve.
Why Hire Callahan & Blaine for Your Medical Malpractice Case
At Callahan & Blaine, we have a tradition of client service and litigation success that goes back nearly four decades. Our trial practice reflects our commitment to client service and achieving outstanding results for every case that we take. We understand the complexities of the legal system and the legal process involved in medical malpractice lawsuits, and we’re prepared to guide you through every step toward justice.
We handle Irvine medical malpractice cases on a contingency fee basis, which means that our clients will not have to pay a dime until after we recover the compensation they need. This arrangement ensures that financial concerns don’t prevent injured patients from accessing quality legal representation. Our malpractice lawyers provide free initial consultations where we evaluate the specific circumstances of your case and explain how much compensation you may be entitled to recover. We understand that victims of medical negligence face mounting costs at a time when they can least afford them, which is why we offer a no obligation consultation to discuss your case.
Our attorneys have extensive experience navigating medical malpractice claims and understand what it takes to achieve the best possible outcome for our clients. We work with leading medical experts who can review your case and provide the professional testimony needed to establish that your healthcare provider breached the standard of care. This expert testimony is crucial in medical malpractice cases, as it helps establish both that negligent actions occurred and that those actions directly caused the patient’s injuries.
What is Considered Medical Malpractice in California?
Medical malpractice occurs when a healthcare provider’s negligent or careless actions fall below the accepted standard of care and cause harm to a patient. Medical professionals in California are expected to uphold certain standards that protect patient safety and ensure quality care. When working to judge whether or not a person has violated the medical standard of care, there are a variety of factors that will be examined by courts and legal professionals.
This evaluation begins with determining whether a duty of care has been established between the person who experienced the medical mistake and the medical professional. This doctor patient relationship is typically formed the moment a patient seeks treatment and the healthcare provider agrees to provide services. Once this relationship exists, the medical provider has a legal obligation to exercise reasonable care and professional competence in treating the patient.
After a duty of care has been established, it will need to be determined whether or not that duty has been breached. For medical malpractice claims, this means examining the situation and determining how a similarly trained medical professional would have reacted or performed under similar circumstances. This standard of care analysis looks at what a reasonably competent healthcare provider with similar training and experience would have done in the same situation.
The breach must then be directly connected to the patient’s injuries through causation. It’s not enough to show that a medical provider made a mistake – the injured patient must demonstrate that this specific error caused harm that would not have occurred otherwise. Finally, there must be demonstrable damages, including medical expenses, lost wages, physical therapy costs, emotional distress, and other losses resulting from the improper treatment.
Common Types of Medical Errors and Professional Negligence
There are a variety of ways that medical malpractice claims arise. Some of the main causes of medical mistakes and professional negligence include the following types of errors that can result in serious harm to patients.
Diagnostic Errors
Failing to diagnose a medical condition or misdiagnosis represents one of the most common forms of medical negligence. When doctors fail to properly evaluate symptoms, order appropriate tests, or correctly interpret test results, patients may go without needed treatment while their condition worsens. Misdiagnosis can lead to incorrect treatment that not only fails to address the actual problem but may cause additional harm. Recent studies indicate that diagnostic errors occur in approximately 12 million adults annually in outpatient settings alone, with half of these errors having the potential to cause serious harm.
Surgical Errors
Mistakes made during surgical procedures can have catastrophic consequences for patients. Surgical errors include performing the wrong procedure, operating on the wrong body part or wrong patient, leaving foreign objects like surgical sponges or instruments inside the patient’s body, damaging nerves or organs during surgery, and failing to properly monitor the patient during or after the procedure. These errors often fall under the category of “never events” – mistakes so egregious and preventable that they should never occur. Intraoperative errors are estimated to be the primary issue in 75% of medical malpractice cases involving surgeons.
Anesthesia Mistakes
Errors involving anesthesia can result in brain damage, permanent injury, or even wrongful death. Anesthesia mistakes may include administering too much or too little anesthesia, failing to monitor the patient’s vital signs during surgery, using defective equipment, or neglecting to review the patient’s medical history for potential complications or drug interactions. Even minor errors in anesthesia administration can have life-altering consequences, making proper anesthesia care critical to patient safety.
Medication Errors
Incorrectly prescribing or administering medication represents another common form of medical negligence. These errors can occur at multiple points in the treatment process, from initial prescription to final administration. Medication errors include prescribing the wrong medication or incorrect dosage, failing to account for dangerous drug interactions, administering medication to the wrong patient, and failing to consider patient allergies or contraindications. The consequences of medication errors range from adverse reactions to overdoses that can cause permanent injury or death.
Birth Injuries
Errors occurring during prenatal care, labor, and delivery may lead to significant injuries affecting both mother and child. Medical providers must recognize signs of fetal distress, properly use delivery instruments, make timely decisions about emergency C-sections, and manage complications that arise during childbirth. Negligent actions during delivery can result in oxygen deprivation leading to cerebral palsy, nerve damage from improper use of forceps or vacuum extractors, or maternal injuries from delayed C-sections. These preventable injuries can affect families for generations, imposing enormous emotional and financial burdens.
Failure to Monitor Patients
Failing to properly monitor a patient before, during, or after medical procedures represents a serious breach of the standard of care. Healthcare providers must track vital signs, respond to changes in patient condition, and recognize warning signs of complications. Improper monitoring can allow treatable conditions to worsen and may miss critical opportunities for intervention that could prevent serious harm.
Hospital-Acquired Infections
Medical facilities have a duty to maintain sanitary conditions and follow proper infection control protocols. When hospitals or medical professionals fail to follow these protocols, patients may develop healthcare-acquired infections that cause serious complications. These preventable infections can extend hospital stays, require additional treatment, and in severe cases lead to sepsis or death. Common hospital-acquired infections include surgical site infections, catheter-associated urinary tract infections, and ventilator-associated pneumonia.
This is certainly not an exhaustive list of how medical errors arise. If you think that you or somebody you care about has suffered harm due to the negligent actions of a medical professional in Irvine, Orange County, or anywhere in California, reach out to the team at Callahan & Blaine as soon as possible for a free consultation. Our malpractice lawyers can evaluate your case and help you understand your legal options.
Who Can Be Sued for Medical Malpractice in California?
There may be various parties who can be held liable for medical malpractice in the state of California. Understanding who can be held responsible is crucial for injured patients seeking financial compensation for their losses. The legal system recognizes that multiple parties may share liability when medical negligence occurs.
First, any medical professional who performs below the acceptable standard of medical care will likely face a malpractice lawsuit from any person harmed by their actions. This can include a wide range of medical professionals and healthcare providers, such as doctors and physicians of all specialties, surgeons, registered nurses and nurse practitioners, physician’s assistants, anesthesiologists, radiologists, paramedics and EMTs, optometrists and ophthalmologists, dentists and oral surgeons, pharmacists, physical therapists, and other licensed medical providers.
Each of these professionals owes a duty of care to patients and can be held accountable when their professional negligence causes harm. The specific standard of care varies based on the provider’s training, specialty, and the circumstances of treatment, but all medical professionals must meet the standard expected of similarly trained providers in their field.
Additionally, the agencies and facilities that these individuals work for could also hold liability in such situations. Each medical facility that allows medical professionals to practice could be held accountable through the theory of vicarious liability, which means that the agency or hospital can be held responsible not only for their own negligence but for the negligence of those under their purview. This principle extends liability to hospitals, medical clinics, nursing homes, surgical centers, and other healthcare facilities.
Healthcare facilities may also face direct liability for their own negligent actions, including inadequate staffing levels that compromise patient safety, failure to properly credential or supervise medical staff, defective or poorly maintained medical equipment, unsanitary conditions that lead to infections, and inadequate policies and procedures for patient care. When facilities fail in these responsibilities, they can be held liable for resulting patient injuries independent of any claims against individual medical professionals.
California’s Medical Malpractice Statute of Limitations
Every state has specific deadlines in place for how long victims of medical malpractice have to file lawsuits. Understanding these time limits is critical, as missing the deadline will permanently bar your malpractice claim regardless of how strong your case may be. The legal system imposes these statutes of limitations to ensure that cases are brought while evidence remains fresh and witnesses’ memories are reliable.
In California, medical malpractice claims must generally be filed within three years from the date an injury occurs or within one year after a person discovers, or should have discovered, their injury – whichever of these dates comes first. This is known as the “discovery rule,” which recognizes that patients may not immediately realize they have been victims of medical negligence. For example, if a surgeon left a sponge inside your body during a 2020 surgery but you didn’t discover it until 2024, you would generally have one year from 2024 to file your malpractice lawsuit.
However, the three-year absolute limit means that even if you discovered an injury five years after the negligent act, you would be barred from filing a lawsuit if more than three years have passed since the injury occurred. There are limited exceptions to this rule, such as cases involving fraud or intentional concealment by the healthcare provider, or situations where a foreign object was left in the patient’s body.
Medical malpractice lawsuits on behalf of a person under the age of 18 must be started within three years from the date of the alleged malpractice, with special provisions for children who are harmed when they are under the age of six. In this situation, the claim must be filed within three years from the date of the alleged malpractice or prior to the child’s eighth birthday, whichever is the longer window. These special rules recognize that parents may not immediately recognize injuries to young children or understand that medical negligence occurred.
California law also requires plaintiffs to provide healthcare providers with at least 90 days’ written notice of the intent to file a malpractice lawsuit before actually filing the complaint in court. This notice requirement aims to encourage early settlement negotiations and give providers an opportunity to investigate claims before formal litigation begins.
Given these complex deadlines and requirements, it’s crucial to consult with experienced medical malpractice lawyers as soon as you suspect you’ve been a victim of medical negligence. Our legal team at Callahan & Blaine can evaluate the specific circumstances of your case and ensure that all procedural requirements are met in a timely manner.
Understanding California’s Damage Caps and MICRA
There are many states around the country that place damage caps on how much compensation a person can receive for a successful medical malpractice claim. California’s Medical Injury Compensation Reform Act (MICRA), originally enacted in 1975, has long imposed limitations on certain types of damages in medical malpractice cases. However, recent legislative changes have updated these caps for the first time in decades, providing greater potential compensation for injured patients.
In California, there is no limitation to how much money a person can receive for economic damages as a result of a successful medical malpractice claim. Economic damages include all quantifiable financial losses resulting from medical negligence. This encompasses compensation awarded for medical expenses including emergency treatment, hospitalization, surgery, medication, and ongoing care, lost wages and income from missed work during recovery, diminished earning capacity if injuries prevent returning to previous employment, costs of physical therapy and rehabilitation services, expenses for home modifications or medical equipment, and general household out-of-pocket expenses related to the injury.
Because there is no cap on economic damages, patients who suffer catastrophic injuries requiring extensive medical treatment and long-term care can recover full compensation for these substantial costs. This ensures that victims are not left bearing the financial burden of injuries caused by someone else’s professional negligence.
However, California has historically placed limitations on the total amount of non-economic damages that can be awarded for a medical malpractice claim. Non-economic damages encompass subjective losses that don’t have a specific dollar value, including what many people call “pain and suffering damages.” This compensation covers emotional distress and psychological trauma, physical pain and suffering, loss of enjoyment of life and activities, permanent scarring or disfigurement, loss of consortium for a spouse or family members, and other intangible harms.
For many years, the non-economic damage cap was fixed at $250,000 regardless of the severity of injuries or impact on the victim’s life. However, recent legislative reforms through Assembly Bill 35 (AB 35), signed into law by Governor Gavin Newsom, have updated these caps for the first time since 1975. Under the new law, the caps are structured in two tiers and will increase gradually over time.
For medical malpractice claims that result in wrongful death, the cap increased to $500,000 in 2023. This cap will increase by $50,000 each January 1st until it reaches $1 million. For medical malpractice claims that do not result in death, the cap started at $350,000 in 2023 and increases each year by $40,000 until reaching $750,000. After reaching these maximums, the caps will be adjusted annually for inflation to maintain their real value over time.
These updated caps represent significant progress for victims of medical negligence and their family members, acknowledging that the original $250,000 cap had not kept pace with inflation or the true impact of serious injuries on patients’ lives. While caps on non-economic damages remain controversial, the increased limits provide greater opportunity for fair compensation when healthcare providers cause serious harm through preventable medical errors.
How Much Can a Medical Malpractice Case Be Worth?
Aside from the non-economic damage caps discussed above, there is no way to definitively predict how much compensation a medical malpractice claim will be worth before thoroughly investigating the case. Each malpractice lawsuit that arises as a result of a medical mistake in California will be handled on a case-by-case basis, and no two claims are exactly alike. The specific circumstances of your injury, the quality of evidence, and the skill of your legal representation all play crucial roles in determining the outcome.
There are various factors that can affect the value of a medical malpractice claim and influence how much compensation injured patients may recover. These factors include the severity of the injury or illness the patient sustains, with more serious and permanent injuries typically resulting in higher compensation, whether or not the patient is able to return to work and the duration of any disability or limitation, the extent of any short-term or long-term disabilities and how they affect daily activities and quality of life, the total amount of medical expenses incurred and anticipated future medical costs, lost wages and diminished earning capacity over the patient’s remaining work life, and the level of a medical malpractice victim’s pain and suffering and emotional distress.
Recent data from California shows that medical malpractice claim payouts vary significantly based on case specifics. According to the National Practitioner Data Bank, the average payout for medical malpractice claims nationally from 2009-2018 was approximately $309,908, though individual settlements and verdicts ranged from under $100,000 to millions of dollars. Some cases settled for minimal amounts while others resulted in multi-million dollar jury awards, particularly in cases involving permanent disability, wrongful death, or egregious negligence like wrong-site surgery.
In 2025, California has seen an increase in high-value jury verdicts for medical malpractice cases, particularly involving surgical errors, misdiagnosis of cancer or other serious conditions, and birth injuries resulting in permanent disabilities. Juries are becoming more sympathetic to plaintiffs when presented with clear evidence of negligent actions that caused preventable harm, and defense attorneys increasingly recognize the risks of taking weak cases to trial.
The key to maximizing compensation in medical malpractice cases lies in thorough preparation and presentation of evidence. Our medical malpractice lawyers at Callahan & Blaine work with medical experts to document the full extent of your injuries, calculate all economic damages accurately, and present compelling evidence of non-economic damages. We understand what it takes to build a strong case that achieves the best possible outcome through either settlement negotiations or trial.
During your free consultation, we can evaluate the specific circumstances of your case and provide an informed assessment of its potential value. While we cannot guarantee specific results, our extensive experience with medical malpractice claims gives us insight into what factors strengthen a case and how to pursue maximum compensation for our clients.
The Legal Process for Medical Malpractice Claims
Pursuing a medical malpractice lawsuit involves navigating a complex legal process with strict procedural requirements. Understanding what to expect can help injured patients and their family members feel more prepared as they seek justice and financial compensation for their losses.
The process typically begins with an initial consultation with medical malpractice lawyers who provide free initial consultations to evaluate potential cases. During this meeting, our legal team reviews your medical records, discusses what happened, and assesses whether you have grounds for a malpractice claim. We explain your legal rights, answer your questions about the legal system, and help you understand the steps involved in pursuing compensation.
If we determine that you have a viable case, we begin a thorough investigation to gather evidence supporting your claim. This investigation includes obtaining complete medical records from all healthcare providers involved in your treatment, consulting with medical experts who can evaluate whether the standard of care was breached, reviewing hospital policies and procedures, interviewing witnesses, and documenting all damages including medical expenses, lost wages, and impacts on your life.
Before filing a lawsuit, California law requires providing at least 90 days’ written notice to the healthcare provider. This notice period allows for potential settlement negotiations before formal litigation begins. Many medical malpractice cases resolve through settlement negotiations during this period or after filing, as both sides evaluate the strength of the evidence and the potential outcomes at trial.
If settlement negotiations don’t result in fair compensation, we file a formal complaint in court initiating the malpractice lawsuit. The litigation process then involves discovery, where both sides exchange information and evidence, depositions of witnesses and parties under oath, mediation or settlement conferences ordered by the court, and potentially trial before a judge and jury if the case doesn’t settle.
Throughout this process, our malpractice lawyers handle all aspects of your case, from gathering evidence and dealing with insurance companies to presenting your case in court if necessary. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. This arrangement allows injured patients to access quality legal representation regardless of their financial circumstances.
Free Consultation With Medical Malpractice Lawyers in Irvine
If you or somebody you care about has been injured due to a preventable medical error made by a medical professional in Irvine, Orange County, or anywhere in California, reach out to the Irvine personal injury attorneys at Callahan & Blaine for help as soon as possible. Our attorneys have the resources necessary to conduct a complete investigation into your malpractice claim and help you determine liability. We want to make sure that you are properly compensated for any losses you have incurred as a result of the careless or negligent actions of a medical professional or healthcare provider.
Our legal team understands that being a victim of medical negligence is traumatic and confusing. You trusted medical professionals to provide competent care, and when they failed in that duty, the consequences may have been devastating. We provide personalized attention to each client, taking time to understand not just the medical aspects of your case but the human impact on you and your family members. Our attorneys have practice areas covering all types of medical malpractice cases, from surgical errors to misdiagnosis to birth injuries, and we have extensive experience achieving favorable outcomes for our clients.
We know that injured patients face substantial costs at the worst possible time. That’s why we provide free initial consultations with no obligation – you can discuss your case with experienced malpractice lawyers without any financial risk. During this consultation, we’ll evaluate whether you have grounds for a medical malpractice claim, explain your legal options, and help you understand what to expect from the legal process.
If we take your case, we handle it on a contingency fee basis. This means you pay no attorney fees unless we successfully recover compensation for you through settlement or trial verdict. We advance all costs associated with investigating and prosecuting your case, including expert witness fees, court filing fees, and costs of obtaining medical records and other evidence. This arrangement ensures that lack of funds never prevents an injured patient from seeking justice against negligent medical professionals.
When you need an Irvine medical malpractice attorney who will fight for your rights and pursue maximum compensation for your injuries, trust the experienced legal team at Callahan & Blaine. We have decades of experience handling complex personal injury and medical malpractice cases throughout California, and we understand what it takes to hold healthcare providers accountable for their negligent actions. Our attorneys are prepared to take your case to trial if necessary to achieve the best possible outcome for you and your family.
Contact us for a free consultation by clicking here or calling us at 888-284-0809. Don’t wait – California’s statute of limitations means you have limited time to file a medical malpractice claim, and evidence is best preserved soon after an injury occurs. Let our experienced malpractice lawyers evaluate your case and fight for the justice and compensation you deserve.
FAQs About Medical Malpractice in California
How long do I have to file a medical malpractice lawsuit in California?
In California, you generally have one year from the date you discovered or should have discovered your injury, or three years from the date the injury occurred – whichever comes first. These strict deadlines, known as the statute of limitations, are critical, as missing them will permanently bar your malpractice claim regardless of how valid it may be. There are limited exceptions for cases involving minors, fraud, or foreign objects left in the body. California also requires providing healthcare providers with 90 days’ written notice before filing a lawsuit. Because these rules are complex and vary based on specific circumstances, it’s essential to consult with medical malpractice lawyers as soon as you suspect you’ve been harmed by medical negligence. Our attorneys at Callahan & Blaine provide free initial consultations where we can evaluate your case timeline and ensure all deadlines are met.
What types of compensation can I recover in a medical malpractice case?
Victims of medical negligence in California can recover two main types of damages: economic and non-economic. Economic damages include all quantifiable financial losses with no cap on the amount you can recover. This encompasses medical expenses for past and future treatment, lost wages and diminished earning capacity, costs of physical therapy and rehabilitation, expenses for home modifications or medical equipment, and other out-of-pocket costs. Non-economic damages compensate for subjective losses including pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for family members. California caps non-economic damages at amounts that vary based on whether the case involves wrongful death (caps increase from $500,000 toward $1 million) or injury without death (caps increase from $350,000 toward $750,000). During your free consultation, our medical malpractice lawyers can evaluate your specific circumstances and provide an estimate of how much compensation you may be entitled to recover.
Do I need expert witnesses to prove my medical malpractice case?
In almost all medical malpractice cases in California, you will need qualified medical experts to testify about the standard of care and how it was breached. Juries and judges typically lack the medical knowledge necessary to determine what a reasonable healthcare provider should have done in specific situations. Medical experts – usually professionals with similar training and specialty as the defendant – must define the applicable standard of care, explain how the defendant’s actions fell below that standard, and testify that this failure directly caused your injuries. Only in rare “never event” cases where negligence is obvious to laypeople (like leaving a surgical sponge inside a patient) can expert testimony potentially be waived. At Callahan & Blaine, we work with leading medical experts across all specialties who can thoroughly evaluate your case and provide compelling testimony. The cost of these experts is advanced by our firm as part of our contingency fee arrangement, so you don’t pay anything upfront.
Will I have to go to court, or do most medical malpractice cases settle?
While many medical malpractice cases resolve through settlement negotiations rather than going to trial, you should be prepared for the possibility of court proceedings. The legal process typically begins with investigation and notice to the healthcare provider, followed by filing a lawsuit if settlement discussions don’t produce fair compensation. During litigation, both sides engage in discovery, depositions, and often court-ordered mediation. Many cases settle at various points during this process as the strength of evidence becomes clear. However, if insurance companies or defendants refuse to offer adequate compensation, taking your case to trial may be necessary to achieve the best possible outcome. At Callahan & Blaine, our medical malpractice lawyers have extensive trial experience and aren’t afraid to litigate cases in court when necessary. We prepare every case as if it will go to trial, which often strengthens our position in settlement negotiations and ensures we’re ready to present compelling evidence to a jury if needed.
What should I do immediately after discovering potential medical malpractice?
If you suspect you’ve been a victim of medical negligence, take several important steps to protect your health and legal rights. First, seek appropriate medical care to address your injuries – your health is the top priority. Request copies of all your medical records from every healthcare provider involved in your treatment, as these documents are crucial evidence for your case. Document everything you remember about your treatment, including dates, conversations with medical professionals, and how your condition has affected your life. Keep detailed records of all medical expenses, lost wages, and other costs related to your injury. However, be careful about what you say to insurance companies or healthcare providers, as statements can be used against you later. Most importantly, contact experienced medical malpractice lawyers for a free consultation as soon as possible. Time is critical because California’s statute of limitations may give you as little as one year to file your claim, and evidence is best preserved soon after an injury occurs. At Callahan & Blaine, we provide no obligation consultations where we can evaluate your case, explain your legal options, and begin investigating immediately if you decide to proceed with a malpractice claim.
