Orange County Medical Malpractice Lawyers
Medical negligence is act or omission (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.
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 Orange County medical malpractice and negligence lawyers 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.
What Kind of Settlement Can an Orange County Medical Malpractice Attorney Help You Obtain?
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. Our medical malpractice settlements and trial results include:
- $17.250 million for a 39-year-old man who suffered a stroke after kidney function misdiagnosis
- $10.9 million record-setting jury verdict for a 34-year-old woman after a cancer misdiagnosis
- $5.7 million settlement for severe birth injuries due to lack of oxygen to the infant
- $5.3 million jury verdict awarded to a 39-year-old-male for medical negligence
- $4.3 million settlement for a mis-programming error by a doctor that led to a brain injury
The attorneys at Hodes Milman have successfully fought on behalf of hundreds of people who have been affected by a medical professional’s mistake. We have recovered millions of dollars for future care, as well as case results for families recovering from wrongful death.
What Does a Medical Lawsuit Attorney Do for Your Case?
In order to successfully settle or win in 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 occured to help a judge or jury fulling understand the mistakes that were made
- Reciepts 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.
What Kinds of Medical Malpractice Cases Does Hodes Milman Handle?
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
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.
How Much Does It Cost to Hire a Medical Lawsuit Lawyer?
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.
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.
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
Contact Experienced Orange County Medical Malpractice Lawyers
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.
The medical malpractice attorneys at Hodes Milman can help your family navigate through this difficult time to a better 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 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.
Medical 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.
What are California’s new MICRA caps for medical malpractice compensation?
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 raises 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, or other healthcare providers. Hospital staff like administrators or janitorial workers can also be sued if they were involved in your injury.
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 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, LLP
Hodes Milman, LLP 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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