Medical Malpractice

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Orange County Medical Malpractice Lawyers

According to the Journal of Patient Safety, each year between 210,000 and 440,000 patients who go to the hospital suffer some type of preventable harm that contributes to their passing, making medical malpractice the third leading cause of death in the United States.

Medical negligence is often an oversight or mistake not intentionally made. However, the consequences can change you or your family’s life and the next steps you may need to take are not always clear – this is where we hope to offer guidance as medical malpractice lawyers and counselors of the law.

Once you realize you’ve been hurt by those meant to help you, a common question many clients ask us is: how could something like this happen?

During this stressful time, we know that filing a lawsuit against your doctor can sound like a daunting task, and your health and healing should come first – not searching for the right lawyer to represent you.

If you feel you have been wronged by a medical facility or members of the staff and don’t know where to turn, call one of our medical malpractice attorneys to have your questions answered accurately and confidentially. We have over 30 years of experience defending victims of medical mistreatment and we can help you and your family take the first step towards recovery.

Video Testimonial: Surgical Malpractice

Medical Malpractice Verdicts and Settlements

The attorneys at Hodes Milman Ikuta have successfully fought on behalf of hundreds of people who have been affected by a medical professional’s mistake and recovered millions of dollars for future care.

Below are a few examples of recoveries which may also be found on our Case Results page.


Awarded to the family after the wrongful death of a young woman and mother.


For a woman whose discontinuation of antibiotic medication put her in a coma.


For a man who suffered a brain injury as a result of nurse negligence.


For a multiple sclerosis misdiagnosis that caused liver and neurologic injury.


For a woman who suffers incurable breast cancer due to delayed diagnosis.



Take advantage of our free, private case review offer! Simply fill out the form below or call us at (949) 640-8222 to schedule your consultation.


Client Testimonial:

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.

How Does a Medical Malpractice Lawsuit Work? How Do You Determine if Malpractice Occurred?

At times, patients are unaware of what constitutes malpractice and can even blame themselves for what has happened. As the statistics above have proved, your doctor, nurse or another medical professional could be responsible for your injuries. Our team of medical negligence attorneys can help determine this.

Medical malpractice refers to negligence or carelessness by a healthcare professional that directly resulted in the harm or injury of a patient.

The injured patient must show that the physician acted negligently and provided substandard care, and that such negligence resulted in injury. To do so, four legal elements must be proven:

  1. A professional duty was owed to the patient
  2. There was a breach of such duty
  3. There was injury caused by the breach; and
  4. The breach resulted in measurable damages.

Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering.

Examples of Medical Malpractice:

Common examples of medical malpractice include:

  • Operating on the wrong area of the body
  • Practicing medicine while impaired in any capacity
  • Leaving an instrument or medical supply inside a patient after surgery
  • Prescribing the wrong dosage of medicine to a patient
  • Failing to turn a patient over, resulting in bedsores
  • Misdiagnoses, such as cancer misdiagnosis or failing to identify the warning signs of a heart attack or stroke
  • Improperly treating a patient’s condition
  • Failing to inform the patient of known risks

People make mistakes; however, the medical profession has standards of care and procedures to prevent these mistakes from occurring. When these procedures are not followed and the medical staff is not proactive, the outcomes may require a lawyer who has specific experience in medical malpractice cases.

Client Testimonial:
My daughter was born with a disability due to doctor neglect. I emailed over 200 lawyers over a 2 year time span. I had ONE lawyer believe in my case and he worked with Jeff Milman over the next year helping build my case. Jeff won my case and I cannot thank him enough for believing in me!! He was so pleasant to work with and professional. I will forever be thankful to him and his team!
– Kymbirley B.

Do I Have a Case for Medical Malpractice?

If a doctor, nurse, or hospital employee made an error that directly affected your health or quality of life, you may wish to file a medical malpractice claim. It can be difficult to assess on your own whether you have a case or not. The most advantageous thing for you to do is to consult with a medical negligence attorney to see if your case is worth pursuing.

Here in this section, we will help you understand what to expect when you contact our firm:

  • You’ll speak with a member of our team who has experience in the medical field.
  • If a lawyer is available you may either speak over the phone or set an appointment to meet in person.
  • Together you will privately discuss the details of the case, who the doctors and staff were at the time, and any additional details you may recall.
  • Should your claim have merit and you wish to pursue it further, as each case is unique, we will need to advise you privately on your next steps involving details such as evidence and medical records.

Every medical malpractice claim has a statute of limitations, which means the patient has a limited amount of time to file a claim. If you are inquiring on behalf of a family member, this statute of limitations may apply to your case as well. 

The best way to know what your statute is and what your rights may be is to speak with one of our medical malpractice attorneys as soon as possible. If you are ready and comfortable to let us hear your story, you may contact us at (949) 640-8222 to schedule a free consultation.

Medical Malpractice FAQ’s

How Much Does it Cost to Hire a Medical Malpractice Attorney?

There is no up-front cost to have a consultation or hire our lawyers. Our firm works on a contingency-fee basis and will front the costs of the court, experts, gathering evidence, and other fees. Our fees are contingent on the outcome of your case and only if we win will there be a fee. This is a common question and we are glad to discuss this during your consultation.

What is MICRA?

The Medical Injury Compensation Reform Act (MICRA) is a statute that was passed in 1975 that places a $250,000 limit or “cap” on non-economic damages in medical malpractice cases. This means that no matter how much pain or suffering a medical professional has caused by negligence, a plaintiff can only be compensated up to $250,000. There is, however, no limit on economic damages such as lost wages for those unable to work because of injury or death.

Is a Misdiagnosis Considered a Medical Malpractice Case?

This would depend on the misdiagnosis. If the misdiagnosis was for cancer screening, then you likely have cause to have your case investigated by a lawyer. You can learn more about our experience with cancer misdiagnosis litigation by clicking here.  

As every case is unique for any type of misdiagnosis, we encourage you to schedule a consultation with a lawyer. Misdiagnosis can occur for many reasons and conditions (such as breast cancer misdiagnosis), including if a doctor was not able to have reliable information when the diagnosis was made.

What Does “Preponderance of the Evidence” Mean?

This means that a plaintiff (likely yourself or the person bringing the case) must show, by a preponderance of the evidence, that the defendant health care professional provided sub-standard care, resulting in harm to the plaintiff. In plain English, this means that there is sufficient evidence to prove that substandard care was administered and you were hurt.

Are Nursing Home Abuse Cases Considered Medical Malpractice?

Not usually, unless the individual in the nursing home was receiving medical treatment specifically, and even then it would be best to discuss this during a consultation. However, our firm does accept nursing home abuse and elder abuse cases on a contingency basis and can help answer your questions regarding this type of law.

What Is the Average Settlement for a Medical Malpractice Lawsuit?

Each case is different, and will result in unique outcomes. Settlement and verdict amounts depend on varying factors, such as the nature of the injury and overall costs and losses.   

$500,000 represents an average figure for medical malpractice settlement amounts in the U.S. Our team of attorneys at Hodes Milman Ikuta has secured medical malpractice settlements greater than $5 million on behalf of our clients. View our case results for more settlement figures.

How Long does a Malpractice Settlement Take?

Again, each medical malpractice or medical negligence case is different – certain cases may be more complex than others. For instance, many cases may involve particularly severe injuries, or they may involve multiple parties. On average, a medical malpractice claim can take anywhere from a few months to a year to resolve, possibly longer. Cases that have more intensive legal issues to resolve may take longer. 

What Are the Chances of Winning a Medical Malpractice Suit?

No attorney or law firm can guarantee the outcome of any lawsuit. However, as mentioned above, medical malpractice lawsuits are based on specific factors of proof. These include (among other elements of proof) a breach of duty by the medical professional, as well as calculable damages. The more evidence in support of these elements, the greater your likelihood of winning. 

The skilled and experienced medical malpractice lawyers at Hodes Milman Ikuta will be able to examine the facts and evidence of your case. From there, we can craft a legal strategy that will maximize your settlement or verdict amount.   

Contact a Medical Malpractice Lawyer

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.

The team at Hodes Milman Ikuta can help make this difficult time easier for you and your family. Our team will do all of the work, while you focus on getting your life back on track. You pay nothing unless we win for you.

Contact us today by calling (949) 640-8222 for a no-cost, no-obligation.

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.






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