(Last Updated on: November 16, 2023 )

Proving medical malpractice can be extremely difficult. The attorneys at Hodes Milman can help you pursue a lawsuit and hold the parties responsible for your injuries accountable.

Medical malpractice refers to a situation in which a healthcare provider, such as a doctor, nurse, hospital staff, or other medical professional or institution, does not follow the standard of care. If this deviation leads to injury, harm, or even the death of the patient, a medical malpractice lawsuit may be necessary.

2024 Best Law Firms - Standard BadgeIf you believe that you have experienced medical malpractice, you may have cause to bring a lawsuit for damages. The team at Hodes Milman has over 30 years of experience in handling medical malpractice cases. We are committed to handling your matter diligently and achieving the best possible outcome for you.

Contact Hodes Milman online or by calling our offices at (949) 640-8222. Let us help you begin the legal process.

How to Prove Medical Malpractice

Proving medical malpractice is a complex process that involves gathering evidence, consulting with experts, and navigating legal complexities. Your attorney can help you in your medical malpractice lawsuit by:

  • Establishing deviation from the standard of care: Your attorney can demonstrate how the healthcare provider’s actions deviated from the accepted standard of care. Expert testimony is often required to support this claim.
  • Demonstrating cause: By establishing a direct link between the healthcare provider’s breach of the standard of care and the harm you suffered, your attorney can show that the negligence caused or contributed to your injuries.
  • Obtaining medical records: Evaluating medical records is a crucial step in evaluating your medical care. Your medical malpractice lawyer can request and obtain copies of your complete medical records, including notes, test results, and imaging reports.
  • Consulting with experts: Expert witnesses are often essential to explain the standard of care, identify deviations, and establish causation.
  • Explore alternative causes: An experienced medical malpractice attorney can anticipate and address potential defenses by healthcare providers, such as arguing that the harm was caused by factors unrelated to their actions.

Medical malpractice lawsuits are highly technical and often require knowledge of legal and medical practices. If you believe you have been a victim of medical malpractice, consulting with an experienced medical malpractice attorney is crucial. An attorney can assess the specifics of your case, help gather necessary evidence, consult with expert witnesses, and guide you through the legal process.

Damages in a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex legal cases that arise when a healthcare professional’s actions or omissions deviate from the accepted standard of care, resulting in harm to a patient. Damages in a medical malpractice lawsuit may cover:

  • Medical expenses: You may be able to recover past and future medical bills related to the malpractice, such as surgery, hospitalization, rehabilitation, medications, and therapy.
  • Lost wages and loss of future earnings: If the malpractice caused you to miss work, you may be entitled to compensation for the income you would have earned. If your ability to earn a living is permanently diminished due to the malpractice, you can seek compensation for future lost earnings.
  • Pain and Suffering: These damages are more subjective and are intended to compensate for intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. The availability and limits of damages for pain and suffering vary by jurisdiction and may be subject to caps or limitations.
  • Punitive Damages: In some cases, punitive damages may be awarded. These are intended to punish the healthcare provider for particularly egregious or reckless behavior and to deter others from similar conduct. Punitive damages are not available in all medical malpractice cases and are often subject to legal restrictions.
  • Wrongful Death Damages: If medical malpractice results in a patient’s death, their surviving family members may file a wrongful death lawsuit. Damages in such cases may include compensation for funeral expenses, loss of financial support, loss of companionship, and more.

Specific damages available in a medical malpractice lawsuit will vary by jurisdiction and depend on the unique circumstances of your case. There may be statutory limitations on the amount of damages recoverable in certain cases. Consulting with a qualified medical malpractice attorney is crucial to understanding your rights and potential compensation in your specific situation.

Healthcare professionals are expected to provide a standard of care that is generally accepted by the medical community. If you have been injured when a healthcare professional deviated from the appropriate standard of care, contact Hodes Milman online or by calling (949) 640-8222. We are here to answer your questions and help guide you through the legal process.

Is it Hard to Prove Medical Malpractice?

In short, yes. Proving medical malpractice can be a complex and challenging process, as it requires demonstrating that a healthcare provider deviated from the accepted standard of care, resulting in injury to the patient.

Medical malpractice can result in a wide range of injuries, some of which can be severe or even life-threatening. The specific injuries that can occur from medical malpractice depend on the circumstances and the nature of the malpractice. Common types of medical malpractice include:

  • Misdiagnosis or delayed diagnosis: Failing to diagnose a medical condition accurately or in a timely manner can lead to delayed treatment and worsened outcomes.
  • Birth injuries: Injuries to the mother or child during childbirth, such as cerebral palsy, lack of oxygen during birth, or other birth-related complications, may result from medical negligence.
  • Nursing home neglect and abuse: Negligence or abuse in nursing homes can lead to injuries, bedsores, malnutrition, dehydration, and other harm to residents.
  • Medical sexual abuse: Unwanted sexual advances, comments, or behavior by medical professionals that create a hostile or intimidating environment for patients.
  • Inadequate mental health care: Failing to provide appropriate mental health treatment, medication management, or adequate supervision can lead to psychological distress or harm.

Proving medical malpractice is difficult because you must prove that your injury was caused by a healthcare provider’s deviation from the accepted standard of care. Continue reading to learn how your medical malpractice attorney can prove medical malpractice.

Contact an Experienced Medical Malpractice Attorney

A medical malpractice attorney can provide you with the legal advice you need throughout the duration of your case and help you maximize the damages available to you. The attorneys at Hodes Milman are responsible for many impressive victories for their clients including a $17.25 million dollar settlement in a misdiagnosis case.

If you or someone you know believe you have experienced medical malpractice in any form, contact our team online or by calling (949) 640-8222. We are standing by to evaluate the unique facts and circumstances of your case and help you pursue a lawsuit for damages.

Related Resources

If you found this medical malpractice content helpful, please view the related topics below:

Contact us if you have specific questions on the matter or if you’d like to schedule a free consultation. 




HMI team

When you work with us, you’ll see the difference. A lot of firms are quick to show you numbers, and it is absolutely true that your lawyer should have experience and a strong track record in the area that you require. However, we’ll take it one step further. We also believe that your attorney should put your needs, cares and desires first. Because you deserve more than just compensation for your losses - you deserve a true advocate.

HMI team