California Medical Malpractice Payouts

All it takes is one medical misdiagnosis or a single error to turn your world upside down. If you’ve suffered medical malpractice, it’s important to know many others before you have been in your situation and have taken action to recover for their pain and losses.

When a trusted doctor deviates from the standard of care, and you suffer an avoidable injury as a result of their negligence, you may qualify for financial support to help on your road to recovery. By bringing a medical malpractice lawsuit, you can not only get compensation to piece your life back together but also advocate for better healthcare practices and push for safer conditions for patients.

Medical malpractice payouts vary by state. The reason for this is state law and the effect that it has on evidence, the type of damages that may be awarded, and the amount of damages that may be awarded. California is unique in the damages caps it requires for certain types of medical malpractice claims. 

The California-based lawyers at Hodes Milman have over three decades of experience in fighting for victims of medical malpractice. We have extensive knowledge and a successful track record securing significant medical malpractice lawsuit payouts in California. Reach out to us online or by calling (949) 640-8222 for a 100% free case review, no strings attached.

What Is Considered Medical Malpractice in California? 

California leads the nation in reported medical malpractice cases, with a total of 2,074 cases in 2022, according to the National Practitioner Data Bank.

Medical malpractice is any action or nonaction by a physician that deviates from the acceptable standard of care. Some common types of medical malpractice are: 

• Misdiagnosis or Delayed Diagnosis: This happens when a doctor either incorrectly diagnoses a condition or fails to diagnose it in time.
• Failure to Treat: This occurs when a doctor doesn’t provide the necessary treatment for a condition, leading to worsening health or further injury.
• Surgical Errors: These are mistakes made during surgery, such as operating on the wrong body part or leaving objects inside the patient’s body.
• Birth Injuries: This refers to injuries that happen before, during, or after childbirth, such as delaying a necessary C-section or failing to recognize or address signs of fetal distress, which can lead to severe injuries like cerebral palsy or hypoxic-ischemic encephalopathy.
• Defective Medical Devices: When medical devices like pacemakers or prosthetics malfunction or are poorly designed.
• Medication Errors: This involves mistakes with prescribing, dispensing, or administering medication.
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What Should California Medical Malpractice Payouts Cover? 

Incidents of medical malpractice can change a person’s life forever. In the blink of an eye, they may become dependent on therapy, medical devices, or even round-the-clock care for the rest of their lives. In these instances, courts will require the party who caused the injury to pay damages to the injured party.

Damages are financial payouts that the injured party will request that the court award to them in order to compensate for the injury. Damages intend to restore the injured party to their position prior to the injury. Economic damages awarded in a medical malpractice lawsuit may include:

• Past and future medical bills for surgeries, medications, treatments, doctor visits, hospital stays, and more
• Lost wages and lost future earning capacity for the time you were unable to work or if you’re unable to return to work at all
• Medical equipment and devices to support you following your injury
• Modifications to your home or car 
• Rehabilitation and therapy costs

Damages can also be awarded to pay an injured party’s medical bills or for loss of pleasure and enjoyment. Damages may also be punishment-based or charged in an effort to deter similar behavior, known as punitive damages. However, punitive damages are rare in medical malpractice cases. 

What Factors Affect Medical Malpractice Lawsuit Payouts in California?

Medical malpractice claims are extremely complicated. There are many different factors that determine the proper settlement or financial payout in a medical malpractice case. The strength of your claim usually correlates with the size of the injury or settlement. The stronger the case and the more debilitating the injury, the more likely it is that you will receive a payout. 

Your legal team will take into account all of the facts and circumstances surrounding your injury in order to determine a figure that accurately represents the damages that you are owed. 

Several factors related to the nature of your injuries can influence malpractice lawsuit payouts in California. These include:

• The extent and severity of your injury 
• Permanent disability 
• Your injury’s impact on life expectancy 
• Your age 
• Anticipated future care
• Future treatments
• The extent of evidence to support your claim

State laws will also greatly impact your medical malpractice payout. Different states will have varying rules for what evidence must be provided to prove your claim and how high the burden of proof (the legal standard that parties must meet to support your case) is.

By hiring a medical malpractice lawyer, you no longer have to worry about gathering evidence, completing complicated filings or legal documents, or dealing with opposing counsel. 

Instead, you can focus on healing. The lawyers at Hodes Milman understand the huge burden and stress that a medical malpractice lawsuit brings and are here to make the process as easy as possible for you. Contact us online or by calling (949) 640-8222. We are standing by and ready to help you with your claim.

Damage Caps in Malpractice Lawsuit Payouts in California

Several states have introduced caps or limits on the amount of damages available in medical malpractice cases. 

In 2023, California made significant updates to its laws regarding medical malpractice payouts with the passing of AB 35, signed by Governor Gavin Newsom. The new law set forth the following: 

• The new law raises the cap on non-economic damages (compensation for pain and suffering) set by the Medical Injury Compensation Reform Act (MICRA).
• For wrongful death cases, the cap starts at $500,000 and will increase by $50,000 every year until it reaches $1 million.
• For cases not involving wrongful death, the cap starts at $350,000 and increases by $40,000 each year until it maxes out at $750,000.
• These caps in California are in effect regardless of the number of defendants involved. 

However, in California, economic damages, such as medical expenses and lost wages, are not subject to any caps, unlike compensation for pain and suffering.

Does Comparative Negligence Play a Role in Medical Malpractice Settlements in California?

In California, the state’s pure comparative negligence law can impact medical malpractice settlements. While comparative negligence is more commonly discussed in the context of car accidents, if the patient is found partially responsible for their injury or worsening condition, the settlement amount may be reduced based on the percentage of fault assigned to them. 

For example, if a patient fails to follow medical advice, like skipping appointments, not taking prescribed medication, or providing false or incomplete info on their medical history, and this contributes to their injury, they could be considered partially at fault. 

However, it is important to note that if a patient is 99% at fault for their injury, they can still recover 1% of the damages. This means that while the patient’s actions may lower the payout, they can still receive compensation in California, no matter how much fault is placed on them.

Is There a Time Limit for Medical Malpractice Lawsuits in California?

In California, there are strict time limits, known as the statute of limitations, for filing a medical malpractice claim. These limits vary depending on when the injury occurred and when it was discovered.

You typically have three years from the date the injury happened to file a medical malpractice claim. If you didn’t immediately realize you were injured, you may still have time to file a claim. The law allows for one year from the date you discovered the injury or reasonably should have discovered it. This is especially important for cases where the injury wasn’t obvious right away.

That said, talking to a medical malpractice attorney with firsthand experience with California’s statute of limitations can provide you with reliable guidance on how much time is left in your case.

Who Pays in a Medical Malpractice Lawsuit? 

Many different parties can be held responsible for your injury in medical malpractice cases. Your attorney will be able to examine your particular facts and circumstances and determine who caused your injury. 

In some cases, there may be multiple responsible parties, and you may be able to bring a lawsuit against more than one person or entity. Some typical parties that may be required to pay in a medical malpractice lawsuit are: 

• Insurance companies 
• Hospitals
• Physicians 
• Nurses
• Surgeons

Experienced medical malpractice attorneys, like those at Hodes Milman, will know how to correctly identify who is at fault for your injuries and who to bring a lawsuit against.

Hodes Milman Has Recovered Several Medical Malpractice Settlements in California

An unexpected injury that results from medical malpractice can upend your life. Talking to and hiring a medical malpractice attorney is the first step toward seeking justice and reparations for your injuries. 

A lawyer from our team will be able to walk you through California’s particular laws surrounding medical malpractice lawsuits and work diligently to get a settlement that reflects what you’ve endured.

The experienced medical malpractice attorneys at Hodes Milman have achieved multi-million dollar settlements in California for our clients, such as: 

• $17,250,000 Settlement for LAUSD Teacher: A 39-year-old LAUSD substitute teacher underwent elective surgery. Despite preoperative kidney concerns, the surgery proceeded, leading to a stroke. The case argued that the surgery should not have been performed given his compromised kidney function.
• $4,000,000 Settlement for UCI Fertility Clinic Dispute: Two UCI fertility doctors were accused of misappropriating embryos from 12 individuals and transferring them without consent.

We are prepared to work tirelessly for you, just as we have done for countless other Californians. Get in touch with Hodes Milman online or by calling (949) 640-8222 today for a no-obligation case review, where we can talk about your legal options.

Proudly Representing California Residents