At Callahan & Blaine, we have handled all types of complex, high-value medical malpractice claims in our 40 years as a firm. Our 29-lawyer team provides unparalleled, comprehensive legal services that have given us a proven track record of success, including the largest personal injury settlement in U.S. history at $50 million. With this commitment to excellence, you can trust us to fight for your rights and handle every aspect of your case so you can focus on recovery.
What Constitutes Medical Malpractice in California?
In California, medical malpractice occurs when a healthcare provider deviates from the medical standard of care and causes harm. This standard of care, also called best practice, refers to the treatment a medical professional with similar experience and training would provide. A healthcare provider can deviate from this standard of care in several ways, including the following:
- Failing to diagnose
- Misdiagnosis
- Prescription error
- Performing a procedure on the wrong body part
- Failing to monitor a patient
- Failing to prevent a patient from falling
- Failing to obtain consent
- Misreading, ignoring, or failing to order diagnostic testing
Our knowledgeable lawyers can help you determine if you have a medical malpractice case and guide you through the complex legal process with clear and honest communication. We take a personalized approach, working closely with you to develop a plan tailored to your unique needs that gives you the best chance of holding the liable party accountable, whether they be your doctor, a staff member, or a healthcare facility.
Elements of an Orange County Medical Malpractice Claim
Our seasoned personal injury lawyers at Callahan & Blaine work with you from the beginning, conducting a thorough investigation to identify a liable party and build a strong case. We provide comprehensive support and handle every element of your claim, including the following:
Proving Liability
As the victim of medical malpractice filing a claim, you carry the burden of proof. This means your claim must prove the following points:
- Duty of Care: The healthcare professional was obligated to provide a certain standard of care and act reasonably like any other competent professional would in a similar situation.
- Breach of Duty: They failed to meet this standard of care by taking an action or failing to take action that deviates from what a reasonably competent medical professional would do.
- Direct Causation: This negligence directly caused your injuries, which would not have occurred otherwise.
- Damages: Your injuries resulted in damages, which include physical, emotional, and financial losses.
With evidence we collect, such as witness and expert testimony, video footage, and medical records, we can help you prove these points and give you the best chance of achieving justice.
Damages
The impact of injuries from medical malpractice often goes beyond physical, taking an emotional and financial toll. At Callahan & Blaine, we understand the difficulties you face, so we fight tirelessly for maximum compensation, which may include the following:
- Past, present, and future medical bills
- Loss of earning capacity
- Loss of income
- Caregiving services
- Home modifications
- Rehabilitation and physical therapy
- Pain and suffering
- Mental anguish
- Reduced quality of life
- Disability of disfigurement
It is important to note that California has a damages cap on non-economic damages for medical malpractice claims, which include pain and suffering, mental anguish, and disability. As of 2024, this cap is $390,000 for claims that do not involve wrongful death and $550,000 for those that do. These caps will incrementally increase yearly until they reach $750,000 and $1,000,000, respectively. We can help you determine how these caps may impact your compensation while still fighting a fair settlement.
Statute of Limitations
After suffering injuries due to medical malpractice, it is crucial to act quickly. California Code of Civil Procedure section 340.5 states that you have one year from the date you discovered or should have discovered your injuries or three years from the date the medical malpractice occurred to file your claim. Our dedicated lawyers work efficiently to meet this deadline and take your legal burdens off your shoulders.
Why Choose Callahan & Blaine for Your Orange County Medical Malpractice Claim?
The aftermath of suffering injuries from medical malpractice can be overwhelming, and you may not know where to start in seeking the justice and compensation you deserve. With the help of the reputable lawyers at Callahan & Blaine, you do not have to handle it alone. Having our team on your side can make a difference in the following ways:
- Comprehensive Support: From investigation to evidence collection to negotiation and litigation, we guide you through every stage of the process and fight for your rights to ensure a smooth, seamless experience.
- Record Breakers: with our unmatched legal services, we have achieved record-breaking results for our clients, including the largest jury verdict in Orange County history, worth $934 million.
- Insurance Knowledge: Our managing partner, Edward Susolik, has handled over 1,500 mediations in 33 years, making him one of the nation’s leading insurance experts. This unique knowledge helps us create strong negotiation tactics that give you the best chance of a fair settlement.
- Trial Experience: Our team of 29 lawyers have a combined 700 years of trial experience, so you can rely on us to take your claim to court if necessary.
Do not leave your important Orange County medical malpractice claim in the hands of an inexperienced lawyer. Instead, seek the unwavering guidance and support of Callahan & Blaine. We proudly provide efficient and sophisticated services focusing on your needs and getting results.
Schedule a Consultation With the Orange County Medical Malpractice Lawyers at Callahan & Blaine
If you have suffered due to a medical professional’s negligence, securing an experienced legal team is crucial to achieving fair compensation. At Callahan & Blaine, we have spent the last 40 years building a legacy of success with a dedicated team of 29 trial attorneys who bring over 700 years of combined experience. Our team knows how to navigate the legal system and is committed to helping you pursue justice for your injuries, no matter how complex your case.
Choosing Callahan & Blaine means working with a law firm known for its unmatched success in both negotiation and litigation. We bring unparalleled knowledge, especially in insurance-related matters. You can trust us to handle every detail of your case and fight relentlessly for the compensation you deserve. Call us today at (714) 241-4444 or reach out through our contact form.
