When doctors or other healthcare providers make mistakes, it can lead to serious injuries. But the good news is, you don’t have to face this alone. If you’ve been hurt by a medical mistake, you might be entitled to compensation. This can help cover things like medical bills, lost income, emotional pain, and the impact on your overall quality of life.
Medical negligence is the act or failure to act by a healthcare professional that is contrary to the accepted medical standards of care. Medical negligence can result in prolonged illness, permanent disability, or even death. These injuries can derail lives and devastate families.
Medical malpractice cases are particularly complex and require extensive investigation and thorough legal workup. The attorneys at Hodes Milman are extremely familiar with the challenges of medical malpractice cases, and we have a proven track record of successful litigation in these unique matters, winning over $200 million for our clients.
If you feel you or a loved one has been wronged by a doctor, hospital, clinic, or other medical provider or facility, we may be able to help. Contact our medical malpractice attorneys in Orange County online or by calling (949) 640-8222. We have over 30 years of experience in obtaining compensation for victims of medical negligence, and we can help you and your family take the first step toward recovery.
“My husband received bad medical care and as a result almost died. I was fortunate enough to be referred to Jeff Milman. Jeff was so easy to talk to and worked so hard to get us a settlement. He kept us informed every step of the way. It was so great to have someone who believed in us after what we went through. We are forever grateful for the work he did on our behalf and would highly recommend him to anyone in our situation.”
– Cyndi Farrington | Client
What Is Considered Medical Malpractice in Orange County?
Medical malpractice is when a healthcare professional, like a doctor or nurse, fails to provide the level of care expected in their field, and that mistake, either through negligence or an omission, harms a patient.
If another doctor or healthcare provider with similar training and experience would have handled the situation differently, the responsible professional could be held accountable for your injury. Negligence can happen in many ways, like during diagnosis, surgery, or ongoing health management. Medical malpractice involves preventable errors that could have been avoided.
How Does a Medical Malpractice Attorney in Orange County Prove Medical Malpractice?
Proving medical malpractice can be complex and isn’t as simple as blaming the medical professional or hospital for your injury. To win a malpractice claim, there are several important factors that need to be shown.
It requires demonstrating that a competent professional in the same situation would have made a different decision or taken different steps. However, with the help of an Orange County medical malpractice lawyer, you’ll have someone who knows how these cases work and how to carefully show that the harm you suffered wasn’t just some unfortunate complication.
To do so your lawyer will prove the following elements to strengthen your case:
- Doctor-Patient Relationship: First, it must be clear that you had a formal relationship with the doctor or healthcare provider, meaning they were responsible for your care. This establishes that the doctor owes you a duty of care. For example, if you saw a doctor for a routine checkup, they have an obligation to act in your best interest.
- Breach of Duty of Care: Your lawyer will show that the doctor failed to meet the standard of care expected in that situation. For example, if a surgeon made a mistake during an operation that another skilled surgeon wouldn’t have made, that’s a breach of duty.
- Connection Between Doctor’s Actions and Your Injuries: There must be a clear link between the doctor’s mistake and the harm you suffered. For instance, if a misdiagnosis led to delayed treatment and worsened your condition, this connects the doctor’s error to your injury.
- Proof of Your Injuries and Damages: You’ll need to provide evidence of the harm caused, such as medical records, bills, or testimony from experts. This could include things like ongoing pain, additional medical treatments, or lost wages from being unable to work.
The Urgency of Early Diagnosis: A Key Factor in Medical Malpractice Cases
In this video, attorney Dan Hodes explains how early cancer detection plays a crucial role in medical malpractice cases. A delayed or missed diagnosis can have life-altering consequences, and in Orange County, you only have a limited amount of time to file a claim. With over 75 years of combined experience, Dan and his team have a long history of analyzing medical mistakes, offering reliable advice on whether you have a strong case to seek justice for preventable errors.
Understanding the Problem of Medical Malpractice
Medical negligence is responsible for 9.5% of all deaths each year, making it the third leading cause of death in the United States. This results in roughly 251,000 fatalities annually. Orange County and California see a large number of medical malpractice cases each year. Below are some facts highlighting the prevalence of medical malpractice in our state:
- Based on 2024 data from Physicians Thrive, the average medical malpractice settlement in California is around $218,000.
- From this data, minor medical malpractice cases may settle for about $50,000. While cases involving death can result in settlements well over $1,000,000. Note that it’s important to remember that these are only approximations based on past case results and not a guarantee.
- In 2024, California had 2,601 reported medical malpractice cases, according to the National Practitioner Data Bank.
- Over the past 30 years, California has had the most medical malpractice cases filed, totaling 138,110. This is more than any other state, followed by Texas and New York.
Inside the Fight Against Medical Malpractice: Attorney Dan Hode’s Thoughts and Approach
Listen to attorney Dan Hodes reveal his approach to handling complex medical malpractice cases. With years of success in the courtroom, Dan provides a unique perspective on how victims can pursue justice for preventable medical mistakes.
What Kinds of Cases Does an Orange County Medical Malpractice Attorney Handle?
Medical malpractice can occur in a variety of contexts, such as during hospital admissions, during surgery, and even during routine outpatient care. Our firm handles cases arising from all of those contexts. At Hodes Milman, our attorneys can help you with:
- Birth injury cases, including those that lead to cerebral palsy.
- Delayed diagnosis, misdiagnosis, and failure to diagnose cases.
- Improper medication administration, prescription errors, and overprescription.
- Wrong-side or wrong-site surgeries, items left inside the patient after surgery, and other invasive procedure errors.
- Cases involving related legal issues like elder abuse and medical sexual assault.
What Does a Medical Malpractice Attorney in Orange County Do for Your Case?
As we discussed previously, in order to successfully settle or win a medical malpractice claim, the medical lawsuit lawyer for the injured party has to prove all of the following elements:
- The patient was owed a professional duty of care by the healthcare provider.
- There was a breach of this duty by the healthcare provider.
- The breach of the duty of care caused injuries.
- The injuries have resulted in measurable damages.
Proving whether the standard of care was breached and whether the breach of the standard of care caused injury may require the following types of proof:
- Documentation of the doctor’s past history, the standards of the hospital they treated you at, and internal notes associated with your medical records.
- Expert witness testimony, such as a qualified surgeon for a case involving an error during an operation.
- Visuals of how the error or injury occurred to help a judge or jury fully understand the mistakes that were made.
- Receipts showing the losses you’ve already suffered, as well as the projected cost of future care or future lost wages.
It is your attorney’s job to compile all these elements of proof — not yours. The lawyers at Hodes Milman have the power to subpoena testimony, private documents, and other forms of communication related to your case. We will organize and formalize those documents for legal filings and court proceedings, all while you prioritize healing.
Our firm also has the resources to invest in your case upfront. We may hire private investigators, expert witnesses, and other specialists like economists and physical therapists to accurately predict the amount of coverage you’ll need to live a dignified life after your injury. We do this on behalf of our clients to ensure the best possible outcome for each case.
Hiring a lawyer might seem like a daunting step. You may feel uncertain and unsure where to start if you’ve never taken legal action before. However, choosing a lawyer can end up being a deciding factor in whether you walk away with a settlement.
A study by Martindale-Nolo discovered that over 90% of people who hired a lawyer received a settlement or award, but only about 50% of people who handled their cases on their own were able to recover compensation.
Contact our Orange County offices online or by calling (949) 640-8222 to discuss your circumstances with proven legal professionals who are ready to help you.
How Much Does It Cost to Hire a Medical Malpractice Attorney in Orange County?
At Hodes Milman, we do not charge for an initial consultation regarding a potential medical malpractice case.
We also take these cases on a contingency fee basis, meaning that our fees are dependent on the outcome of the case. If we obtain a recovery during the case, we take a percentage of the recovery, but if we do not, then we do not charge any attorney’s fee. We work on a contingency fee arrangement because we understand that our injured clients may be struggling financially with medical bills and lost income.
Furthermore, after we accept the case, our firm will front the costs of court filings, gathering evidence, and taking depositions against the potential recovery, meaning that you will not need to fund the entire litigation process. Each case is different, so it is highly recommended that you consult with an attorney directly regarding your specific case.
Also, keep in mind that every law firm is different — some firms or attorneys require payment or a retainer before they begin work on a case. However, at Hodes Milman, we invest in our cases upfront to help relieve financial worries for the individuals and families we represent. We also do so because we are confident in our ability to deliver meaningful results.
What Types of Compensation Can an Orange County Medical Malpractice Attorney Help Me Get?
Medical malpractice can set you on a long and difficult road to recovery. Many people suffer irreversible harm that requires long-term and costly medical care. However, a medical malpractice lawsuit can help you recover valuable financial support, including:
- Past and Future Medical Expenses: Compensation for surgeries, medications, ongoing therapy, doctor visits, and more.
- Pain and Suffering: Being the victim of medical malpractice is mentally and physically taxing. You may be able to secure compensation for the emotional and physical pain you’ve endured.
- Lost Wages and Future Earning Capacity: Your injuries could prevent you from working for a long time or keep you from returning to work at all, but you could recover compensation to cover what you would have earned.
- Wrongful Death: If your loved one dies due to medical malpractice, you could recover compensation for burial and funeral expenses, income the deceased contributed to your family, and loss of companionship.
At Hodes Milman, we have recovered over $200 million on behalf of our clients and have recovered impressive awards in several medical malpractice cases, including:
- $17.25 Million Settlement: A 39-year-old man suffered a stroke during surgery after his kidney condition was misdiagnosed, and it was argued the surgery should not have been performed given his compromised kidney function.
- $12.35 Million Settlement: Three patients developed surgical site infections after being operated on by an orthopedic surgeon colonized with MSSA, leading to severe complications for two.
- $10.9 Million Verdict: A record-setting jury verdict for a 34-year-old woman after a cancer misdiagnosis.
- $7.9 Million Settlement: An infant suffered a birth injury due to missed signs of fetal distress during labor, leading to lifelong care needs.
While there is no one answer to how much a medical malpractice settlement or verdict award may be, our case results show how effective the team at Hodes Milman is in securing compensation for our clients.
California has recently raised the compensation caps for medical malpractice cases, increasing the amount of damages available to medical malpractice patients and families.
Why Hire Hodes Milman
Recent statistics on medical malpractice show that medical error is the third-leading cause of death in the United States. These deaths, along with medical malpractice injuries, are completely preventable. By holding doctors, medical staff, and hospitals accountable for your losses, you also help incentivize better, safer practices for future patients just like you.
We know that not all healthcare professionals are the same, and neither are all attorneys. The right one can help change your life for the better — you deserve that.
A medical malpractice lawyer in Orange County at Hodes Milman can help your family navigate through this difficult time to a brighter future. Our team will do all of the legal work required for your case while you focus on getting your life back on track. You owe us nothing unless we win for you.
Contact our experienced medical malpractice lawyers today online or by calling (949) 640-8222 for a confidential, no-cost, no-obligation consultation. From collecting medical records to making phone calls on your behalf, we will handle every aspect of your case, allowing you to focus on what is more important: your healing and recovery. Let us be your advocates.
Proudly Representing Orange County Residents
Orange County Medical Malpractice Lawsuit FAQs
What Are Economic vs. Non-Economic Damages in Medical Malpractice Cases?
Economic damages in medical malpractice cases are often associated with bills, receipts, and pay stubs. They include amounts for loss of past and future earnings, loss of household services, and past and future medical expenses. Non-economic damages include non-monetary losses. This category is where your lawyer can make a case for your pain and suffering, loss of enjoyment of life, worsening of prior injuries, and emotional anguish.
Is There a Limit to the Compensation I Can Receive in a Medical Malpractice Case in Orange County?
For decades, California’s Medical Injury Compensation Reform Act of 1975 (MICRA) has placed a maximum limit on recoverable non-economic damages in any medical malpractice case. Starting in 2023, a bill known as AB 35 increases those limits.
Under AB 35, the cap for injured patients rises immediately from $250,000 to $350,000 and will increase incrementally over 10 years until the total amount reaches $750,000. The cap for wrongful death damages for family members immediately doubles from $250,000 to $500,000, with incremental increases over 10 years until the cap reaches $1 million.
Non-economic damages are a significant component of any claim for personal injury, including medical malpractice claims. The new changes to MICRA help reflect the true cost of medical malpractice losses.
Who Can Be Sued for Medical Malpractice?
In cases of medical malpractice, you may bring a claim against a physician, nurse, midwife, pediatrician, primary care doctor, anesthesiologist, surgeon, pharmacist, technician, or other healthcare providers. Hospital staff like administrators or janitorial workers can also be sued if they were involved in your injury. Also, sometimes the hospital itself can be held responsible.
At Hodes Milman, we also have experience pursuing cases against institutions like hospitals, medical groups, nursing facilities, and surgery centers. We can represent you in arbitrations against Kaiser Permanente, and in proceedings against the Veterans Affairs healthcare system.
How Long Do I Have to File an Orange County Medical Malpractice Lawsuit?
Medical malpractice actions, like other personal injury actions, are subject to filing deadlines called the statute of limitations that govern how long one has to bring a case before the right to compensation is forever lost. California’s medical malpractice deadline is three years after the date of injury, or one year after the plaintiff discovers the injury, whichever occurs first.
This means in most cases, a person has only one year from the date that they discovered, or should have discovered, the injury caused by the malpractice to bring a lawsuit. There are some rare exceptions to this general rule — if you have any questions about a potential exception, reach out to a lawyer for a professional case review.
To ensure you have your chance for justice, contact or call our offices immediately at (949) 640-8222 if you believe that you or a loved one was injured by the negligence of a healthcare provider. Your consultation is free, confidential, and carries no obligation on your part, while the information you receive could lead to a bright future.
ABOUT HODES MILMAN
Hodes Milman has won $200 million and has over 30 years of experience securing justice for victims of negligence. We are proud to call our clients family and offer them the resourceful, committed and accessible legal advocacy they deserve.
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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.
