Medical errors affect thousands of patients every year, and understanding common types of medical malpractice can help you recognize when something has gone wrong with your care. Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected in their profession, resulting in injury to a patient.
Knowing the common types of medical malpractice—from misdiagnosis to surgical errors—empowers you to spot potential issues early and take action to protect your rights. If you’ve been harmed by medical negligence in Huntington Beach or Orange County, DJA Injury Attorneys can help you understand your legal options.
Why Choose DJA Injury Attorneys for Your Medical Malpractice Case
When you’ve been harmed by medical negligence, you need an attorney who understands both sides of the fight. Jeff Schwalbach, founder and principal attorney at DJA Injury Attorneys, brings 10 years of personal injury litigation experience and a background in insurance defense. This background means he understands how insurance companies evaluate claims. He also knows what it takes to overcome their defenses.
Jeff earned his J.D. from Pepperdine University School of Law. He is admitted to practice in California State Courts and U.S. District Courts of California. Super Lawyers recognized him as a Rising Star from 2019 to 2024. This reflects his commitment to excellence in personal injury law. You can view his full profile on Super Lawyers and Avvo for additional credentials and client reviews.
At DJA Injury Attorneys, you work directly with the principal attorney—not a junior associate. You receive 24/7 availability and free consultations. We handle cases on a contingency fee basis. You pay nothing unless we recover compensation for you. We serve Huntington Beach, Orange County, and Southern California. We focus on providing personal attention to each client while building strong cases against negligent healthcare providers.
Misdiagnosis and Delayed Diagnosis
Misdiagnosis and delayed diagnosis represent approximately 33% of all medical malpractice claims. These occur when a doctor fails to correctly identify a patient’s condition. Or when a doctor takes too long to make the diagnosis, allowing the disease to progress unchecked.
Common scenarios include a missed cancer diagnosis. A heart condition can be misidentified as something minor. Or an infection that goes unrecognized. You might spot this type of malpractice if your symptoms persist despite treatment. A second opinion reveals a completely different diagnosis. Or you later discover that test results showing your actual condition were ignored or mislabeled.
The legal standard requires that a competent doctor would have recognized the condition under similar circumstances. When a physician fails to meet this standard, patients often suffer worsened outcomes. Disease progression and delayed treatment can prevent serious complications from being avoided. Understanding how to prove medical negligence is essential if you believe you have a claim. Misdiagnosis cases often require expert testimony to establish the standard of care that should have been provided.
Surgical Errors and Operating Room Negligence
Surgical errors range from operating on the wrong body part or operating on the wrong patient to leaving instruments inside the body cavity after surgery. Other surgical negligence includes anesthesia complications. Failure to follow accepted surgical practices. Or inadequate pre-operative planning.
These errors happen due to poor communication in the operating room. Lack of proper pre-operative checklists. Surgeon fatigue. Or inadequate training. You might spot surgical negligence if you experience unexpected complications after surgery. Pain in an area that shouldn’t have been affected. Imaging reveals foreign objects left behind. Or infection patterns seem unusual for your procedure.
Surgical errors are often catastrophic. They may require additional surgeries to correct. Surgeons must follow established protocols and best practices. This meets the standard of care expected in their specialty. Patients who suffer traumatic brain injuries or spinal cord injuries from surgical negligence may be entitled to significant compensation. These catastrophic injuries often result in lifetime medical care and lost earning capacity.
Medication Errors and Prescription Mistakes
Medication errors fall into four categories: prescribing errors (wrong drug or dosage), transcription errors (pharmacy misreads the prescription), dispensing errors (wrong medication given to patient), and administration errors (incorrect timing or method of delivery).
Common mistakes include administering the wrong dosage. Failing to check for dangerous drug interactions. Overlooking patient allergies. Or failing to monitor for overdose signs. You can spot medication errors when you experience unexpected side effects. Allergic reactions despite no known allergies. Symptoms worsen instead of improving. Or the medication you receive doesn’t match your prescription.
As a patient, you play an important role. Verify medications before taking them. Ask your pharmacist questions about your prescriptions. Report any unusual reactions immediately to your healthcare provider. If you’ve suffered harm from medication errors, consulting with a medical malpractice attorney can help you understand your rights. The FDA maintains a MedWatch program for reporting serious medication adverse events.
Failure to Treat and Inadequate Care
Failure to treat differs from misdiagnosis because the doctor recognizes the condition. But fails to provide appropriate treatment. Examples include early discharge without follow-up instructions. Failure to order necessary diagnostic tests. Ignoring relevant information in the patient’s medical history. Or refusing to refer a patient to a specialist when needed.
You can spot inadequate care when symptoms continue despite a diagnosis being made. No clear treatment plan is provided. Or instructions are unclear or missing entirely. The impact of failure to treat can be severe. Disease progression and complications can occur that proper care could have prevented. Medical malpractice claims based on failure to treat often involve clear documentation of the missed opportunity for proper care.
Birth Injuries and Obstetric Negligence
Birth injuries resulting from obstetric negligence include cerebral palsy, Erb’s palsy, brachial plexus injuries, and fractures sustained during delivery. These injuries often result from substandard prenatal care. Improper use of forceps. Failure to recognize signs of fetal distress. Delayed decisions to perform a C-section. Or complications involving the umbilical cord.
You might spot birth injury negligence if your infant shows unusual behavior. Developmental delays. Weakness on one side of the body. Or difficulty with movement and coordination. Birth injuries can result in lifelong disabilities. These require ongoing medical care and support. This creates a significant financial and emotional burden for families.
Birth injury cases often involve substantial damages. The long-term nature of the injuries and lifetime of care required justify these damages. If your child suffered a birth injury due to medical negligence, DJA Injury Attorneys can help you pursue compensation. The American College of Obstetricians and Gynecologists (ACOG) publishes standards of care for obstetric practice that establish the baseline for evaluating birth injury claims.
Anesthesia Errors and Complications
Anesthesia errors include incorrect dosage. Failure to monitor vital signs during surgery. Allergic reactions that aren’t properly managed. Or equipment malfunction. These errors can result in brain damage from a lack of oxygen. Awareness during surgery when the patient should be unconscious. Cardiac complications. Or even death.
You might notice anesthesia-related malpractice if you experience an unusual recovery from surgery. Cognitive changes after the procedure. Unexplained complications. Or memories of the surgery when you should have been unconscious. An anesthesiologist should always review your complete medical history. They should discuss risks with you before surgery. And they should monitor your vital signs continuously throughout the procedure. The American Society of Anesthesiologists (ASA) maintains standards for anesthesia care that define the expected level of monitoring and safety protocols.
Frequently Asked Questions
What is the statute of limitations for medical malpractice in California?
California generally allows one year from the date you discover the injury or three years from the date of the negligent act, whichever comes first. Some exceptions apply for minors or in cases where the injury wasn’t immediately discoverable. Because time limits are strict, it’s important to act quickly to preserve evidence and consult with an attorney. For more information, see California Code of Civil Procedure § 340.5. Time is critical—contact DJA Injury Attorneys immediately if you suspect malpractice.
How do I know if I have a valid medical malpractice claim?
To have a valid claim, you must prove four elements: a duty of care existed between you and the healthcare provider, the provider breached that duty, the breach directly caused your injury, and the injury resulted in measurable damages. Most medical malpractice cases require expert testimony to establish that the provider’s actions fell below the standard of care. A free consultation can help evaluate whether your specific situation meets these requirements. Learn more about proving medical negligence in our detailed guide.
What damages can I recover in a medical malpractice case?
You may recover medical expenses (both past and future), lost wages and lost earning capacity, and pain and suffering. California’s MICRA law caps non-economic damages (pain and suffering) at $430,000 in 2025 for most non-fatal medical malpractice cases. This cap increases by $40,000 annually until reaching $750,000 in 2033, after which it adjusts annually for inflation. In rare instances of gross negligence, punitive damages may also be available without a statutory cap. See California Code of Civil Procedure § 1668.5 for details. Review our case results to see examples of compensation recovered for medical malpractice victims.
Do I need an attorney for a medical malpractice case?
Medical malpractice cases are highly complex and require expert witnesses to establish the standard of care and causation. Insurance companies defending these cases have experienced legal teams. An attorney protects your rights and helps you understand your options. At DJA Injury Attorneys, we work on a contingency fee basis. You pay nothing up front. Read our testimonials from satisfied clients who recovered compensation with our help.
How long does a medical malpractice case take?
Medical malpractice cases typically take one to three years to resolve, though timelines vary widely depending on case complexity, discovery needs, and whether the parties are willing to settle. Early settlement is possible if liability is clear and damages are agreed upon. Understanding the personal injury lawsuit process can help you prepare for what to expect.
What to Do If You Suspect Medical Malpractice
If you believe you’ve been harmed by medical negligence, take these steps immediately:
- Seek a second opinion from another qualified healthcare provider
- Document everything: medical records, symptoms, timeline of events, and all communications with healthcare providers
- Preserve evidence by keeping all medical records, photographs of injuries, and medication bottles
- Report the incident to the appropriate medical board if warranted
- Consult with a medical malpractice attorney for a free evaluation
- Do not sign any releases or settlement agreements without legal review
- Act quickly because California’s statute of limitations limits how long you have to file a claim
Contact DJA Injury Attorneys for a Free Consultation
If you believe you’ve been harmed by medical negligence, you don’t have to handle this process alone. Contact our firm for a meeting with our experienced team. DJA Injury Attorneys offers free consultations with no obligation to discuss your case and your legal options. Call (949) 229-7228 or visit our website to schedule your consultation today. We’re available 24/7 for urgent matters and serve Huntington Beach, Orange County, and throughout Southern California. We work on a contingency fee basis—you pay nothing unless we recover fair compensation for you.
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