Daniel L. Wainwright

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Daniel Wainwright - Professional Malpractice Claims

Daniel L. Wainwright


Mr. Wainwright has a solid background in defense litigation of actions involving professional malpractice (both medical and legal), personal injury, product liability, slip/trip and fall, premises liability, automobile accidents, trucking accidents, property damage, wrongful death, dog bite cases, uninsured and under-insured motorist cases, and all types of damage claims against public entity cases. His practice also focuses on insurance fraud (SIU) and RICO claims arising out of fraudulent and/or illegal conduct related to insurance claims. He has successfully defended clients in numerous civil Court and Jury Trials in California’s Superior Court as well as the U.S. District Courts.  Additionally, Mr. Wainwright has effectively defended insurance companies in arbitration of UM and UIM claims.

Daniel Wainwright - Fresno Law Firm

Mr. Wainwright joined the Civil Litigation Practice Group of McCormick Barstow in 2003. Prior to joining the firm, Mr. Wainwright had practiced at law firms in Visalia, Fresno and San Jose, with a focus on all types of civil litigation matters (both plaintiff and defense), all types of personal injury claims (both plaintiff and defense), the defense of governmental tort claims against all types of public entities (e.g., cities, police departments, school districts, etc.), construction litigation, personal injury and defending employers in Worker’s Compensation claims.  Now, his practice centers around the defense of claims of all types of negligence (i.e., professional and/or general negligence) resulting in claims of personal injury, with an emphasis of defending healthcare providers (e.g., physicians, hospitals, mid-levels, etc.), defending private and public entities and defending automobile drivers.  Mr. Wainwright has taken and defended hundreds of depositions of every type of witness, from plaintiffs and defendants to retained medical expert and treating physicians, economists, life care planners, engineers and accident reconstructionists. 

In 2017, Mr. Wainwright served as the Vice-Chair for McCormick Barstow’s Litigation Practice Group and since 2019, has served as the Chair of the Professional Liability practice group at McCormick Barstow.

Mr. Wainwright also serves as an “ADR Settlement Officer” for Fresno County Superior Court to help facilitate and run Mandatory Settlement Conferences for parties in civil disputes.  In addition, Mr. Wainwright frequently serves a “Judge Pro Tem” for the Fresno County Superior Court Small Claims Division.

Mr. Wainwright is admitted to practice before all California State Courts (since 1997), the U.S. District Courts for the Eastern (since 2001) and Northern (since 1997) Districts of California, and the U.S. Ninth Circuit Court of Appeal (since 2004).

Juris Doctor, 1997 
Santa Clara University School of Law

Bachelor of Arts, History of Public Policy, 1994 
University of California, Santa Barbara

Concentrating in Civil Litigation with an emphasis in the defense of all types of Professional Malpractice Claims (e.g., medical and legal), Physician and Nursing Administrative Defense, Medical Products Liability, Elder Abuse, Nursing Home Litigation, Public Entity claims, Civil Rights claims, and Automobile Insurance Defense.

Mr. Wainwright is a member of the State Bar of California as well as the Fresno County and Tulare County Bar Associations.  He is also a member of the San Joaquin Valley Federal Bar Association and Association of Business Trial Lawyers.

Mr. Wainwright has been a member of the California Society for Healthcare Risk Management (CSHRM) since 2008.  Additionally, he has served on CSHRM’s Board of Directors since 2008 and served as CSHRM’s president in 2011-2012.  Mr. Wainwright is also a member of the American Society for Healthcare Risk Management and the Professional Liability Defense Federation.

In 2023, Mr. Wainwright was elected to membership in the California Medical Legal Committee. This organization is limited to 70 medical malpractice defense trial attorneys; with 35 members from Southern California and 35 from Northern California. Membership is by invitation only.

Publications and Lectures

“Improving Health Care and Avoiding Malpractice – Lessons Learned from Quotes and Anecdotes: Ted Lasso Edition,” Fresno Madera Medical Society, 2023 General Society Meeting, Fresno, CA, September 2023

“Insight from the Insurance Defense,” National Business Institute Continuing Education Seminar on Auto Injuries: Advanced Plaintiff Strategies, Fresno, California, September 12, 2019.

“Using Practice Risk INSIGHT Assessments & Culture of Patient Safety Surveys to Impact the Practice of Good Medicine,” Community Medical Providers Medical Group, 2019 Annual Provider Meeting, Seascape, CA, August 2019.

“Mock Interview: What is the Medical Board of California Looking For?”, Community Medical Providers Medical Group, 2018 Annual Provider Meeting, Seascape, CA, August 2018.

“Preventing Injury and Avoiding Claims:  ‘It’s Not Complicated – 13 Simple Lessons for Healthcare Providers and Risk Managers,” California Society for Healthcare Risk Management Annual Educational Conference, Napa, California, March 10, 2016.

“Ethics, Professionalism and the Joys of the Legal Profession,” Tulare County Bar Association “Law Day” event, Visalia, California, May 1, 2015.

“Lessons for Pediatric Health Care Providers,” ChildNet Medical Associates, Children’s Hospital of Central California, Madera, California, October 23, 2014.

“Risk Prevention Tips for the Digital Age,” ChildNet Medical Associates, Children’s Hospital of Central California, Madera, California,  October 22, 2013.

“Steps to Avoid Legal Malpractice Claims,” Tulare County Bar Association, Visalia, California, November 2007 and July 2010.

“Avoiding the Ethical Issues with Law Firm Web Sites,” HalfMoon LLC Continuing Education Seminar on Practicing Legal Ethics in the Electronic Law Office, Fresno, California, September 2008.

“Effective Charting: What You Can Do to Enhance Patient Care and Minimize the Exposure and Likelihood of Getting Sued,” Saint Agnes Medical Nursing Staff Continuing Education program, Fresno, California, September 2007.

“Pro Active Steps for Lawfully Handling Pre-Existing Injuries and Repeat Claimants,” Counsel on Education in Management Seminar, Fresno, California, March 2000.

“Legislative Updates,” Fresno Industrial Claims Association, Fresno, California, January 2000.

“Seasonal Earnings for Agricultural Workers,” Claims People Magazine, September 1999 issue.

Honors and Awards

Mr. Wainwright is AV® Preeminent™ Peer Review Rated with Martindale-Hubbell.  He was also selected for inclusion in the Northern California Super Lawyers list (2013-2023) and previously was included in the Rising Stars list (2010, 2011) for his primary practice area in Personal Injury Defense: Medical Malpractice.

McCormick Barstow LLP
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