We trust our doctors, nurses, and hospitals to help us when we’re sick or hurt, to act with care and competence, and to guide us back to health. We come to them in a vulnerable state, seeking answers, and more importantly, relief and healing. But what if a medical professional’s mistake leaves you or a loved one sicker, injured, or facing life-altering consequences?
When you or someone you love has been harmed due to medical negligence, it can feel devastating and crushing. You might be struggling with new injuries, expensive medical bills, lost income, and emotional pain.
At Hodes Milman, we’re here to help you get answers, accountability, and the financial support you need to move forward. With over $200 million recovered for clients and decades of trial experience, our team has what it takes to stand up to hospitals, insurance companies, and anyone else who failed you.
If you believe you’ve been harmed by a medical professional in Tustin, reach out to us for a free, no-obligation consultation online or by calling (949) 640-8222 today.
“In October 2020, we found ourselves in need of a law firm to represent us in a medical malpractice lawsuit. After interviewing 4 different law firms in Orange County, we settled on Hodes Milman. From the first Zoom meeting, we felt confident that they would give us the attention that this case needed. Kind and courteous with great attention to detail, Jacob and Dan worked with us for months, and the end result was a settlement that exceeded our expectations and will help us live comfortably moving forward. We highly recommend these 2 to represent you if you have a potential malpractice suit. They will not promise you the sun and moon, but they will work hard to make sure that’s the end result! Thank you to 2 excellent attorneys!”
– Lisa S. | Client
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional, like a doctor, nurse, hospital, or other medical provider, fails to provide the standard of care that a reasonably competent professional would have given under similar circumstances, and that failure causes harm to a patient.
Medical professionals have a set of widely accepted rules and practices they’re supposed to follow to keep patients safe and healthy. This is called the “standard of care.” When they don’t follow these rules, and that mistake directly leads to an injury or a worsening of your condition, that’s generally considered medical malpractice.
It’s important to understand that not every bad outcome or unexpected complication means there was malpractice. Sometimes, despite everyone’s best efforts, things just don’t go as planned in medicine.
However, when the harm you suffered could have been prevented if the medical professional had acted with reasonable care, then you might have a valid medical malpractice claim.
Real Stories of Medical Negligence
Understanding the real impact of medical malpractice can be difficult, but hearing directly from cases like Matt Andreef’s helps shed light on what can go wrong when healthcare providers fail to communicate and coordinate care. In this video, we share Matt’s story, a 39-year-old substitute teacher whose elective surgery led to devastating complications due to negligence. Watch to learn how his case was handled and the lasting changes it inspired in medical protocols.
Common Types of Medical Malpractice Cases a Medical Malpractice Lawyer In Tustin Can Handle
Medical malpractice can take many forms, and each case is unique. However, some types of medical errors appear more frequently than others. Our experienced team has seen and successfully handled a wide range of these cases, including:
- Misdiagnosis or Delayed Diagnosis: This happens when a doctor fails to correctly identify a condition or delays in diagnosing it, leading to a patient not getting the right treatment in time. This can be devastating, especially with conditions like cancer, heart attacks, or strokes, where early detection is key.
- Surgical Errors: Operating on the wrong body part, leaving an instrument inside, or causing damage to nerves or organs are all forms of surgical errors.
- Medication Errors: Prescribing the wrong medication, giving an incorrect dosage, or failing to check for dangerous drug interactions can have severe, even fatal, results for a patient.
- Birth Injuries: This might include cerebral palsy, nerve damage, or other developmental delays caused by oxygen deprivation, a delay in C-section, or improper use of tools.
- Anesthesia Errors: Anesthesiologists play a critical role in surgery, and mistakes with anesthesia, like administering too much or too little, or failing to monitor a patient properly, can lead to brain damage, coma, or even death.
- Hospital Negligence: Sometimes, the problem isn’t just one doctor, but issues within the hospital itself. This could involve poor staffing, unsanitary conditions leading to infections, or nurses failing to properly monitor patients.
- Failure to Treat: A doctor might correctly diagnose a condition but then fail to provide appropriate or timely treatment, leading to the patient’s condition worsening significantly.
- Wrongful Death: Tragically, in some medical malpractice cases, the negligence leads to a patient’s death. In such heartbreaking situations, surviving family members may be able to pursue a wrongful death claim to seek justice and compensation for their loss.
If you recognize your situation in any of these examples, or if you simply have a nagging feeling that something went wrong with your medical care, it’s worth speaking with a Tustin medical malpractice attorney.
A Deep Dive Into Medical Malpractice Cases With Dan Hodes
If you want to understand the complexities of medical malpractice and how experienced attorneys fight for justice, this podcast episode featuring Dan Hodes offers valuable insight.
Drawing on decades of trial experience, Dan explains what it takes to navigate difficult cases and secure meaningful results for victims and their families. Listen to learn more about the challenges behind the scenes and how dedicated legal representation can make a real difference.
How Does a Medical Malpractice Attorney In Tustin Prove Medical Malpractice?
To have a successful medical malpractice claim in California, there are four main building blocks to your case:
- A Doctor-Patient Relationship Existed: This means you were under the care of the medical professional or facility you’re bringing a claim against.
- The Medical Professional Was Negligent (Breached the Standard of Care): This means the healthcare provider acted in a way that a reasonably skillful and careful medical professional would not have acted under the same circumstances. To prove this, we often rely on expert medical witnesses who can explain what the standard of care was and how it was breached.
- The Negligence Caused Your Injury: You have to show a direct link between the medical professional’s negligent act and the harm you suffered. It’s not enough to show that a mistake was made; you must show that the mistake caused your injury or made your condition worse.
- You Suffered Damages: Finally, you must have suffered actual harm that can be compensated. This includes new medical bills, lost wages because you couldn’t work, pain and suffering, and other impacts on your life.
Proving these elements can be very complicated. Medical records are often dense and full of complex terms. That’s why having an experienced Tustin medical malpractice lawyer on your side is so important. We know how to investigate, understand the medical details, and present a clear picture of what happened.
For over 30 years, Hodes Milman has helped people in Tustin and nationwide take on some of the toughest medical malpractice cases. If you have questions about your eligibility or are ready to start discussing your potential claim, our team is on standby. Call us anytime at (949) 640-8222 or fill out our quick online form.
What a Tustin Medical Malpractice Attorney Will Do for Your Case
Trying to return to normal after medical negligence might seem impossible now. Between recovery, unexpected costs, medical bills, and challenges you never saw coming, it might feel like you’ll never get back to the life you led before.
Working with Hodes Milman means that you won’t have to shoulder this burden alone.
Here’s what you can expect when you work with Hodes Milman:
- Thorough Investigation: We will meticulously review all your medical records, speak with medical experts, and investigate every detail of your case to understand exactly what went wrong and who was responsible.
- Gathering Evidence: Building a strong medical malpractice case requires compelling evidence. We know what documents, testimonies, and other information are crucial to prove negligence and causation.
- Navigating Complex Laws: Medical malpractice law in California is intricate, with specific rules and procedures, including the Medical Injury Compensation Reform Act (MICRA). We are well-versed in these laws and will ensure your case complies with all requirements.
- Calculating Your Damages: We will help you understand the full extent of your losses, both economic (like medical bills, lost wages, and future care costs) and non-economic (like pain, suffering, and emotional distress). While California law places limits on non-economic damages, we will fight to maximize your compensation within these limits.
- Aggressive Negotiation: Most medical malpractice cases are settled out of court through negotiations. We are skilled negotiators who will advocate fiercely on your behalf to achieve a fair settlement that fully compensates you for your injuries.
- Courtroom Representation: If a fair settlement cannot be reached, we are fully prepared to take your case to trial. We have the experience and resources to present a powerful case in court, fighting for your rights before a judge and jury.
When your health and future are on the line, choosing the right legal representation is one of the most important decisions you’ll make.
In fact, a study by Martindale-Nolo found that partnering with a lawyer can make all the difference. Over 90% of people who had legal representation received a settlement or financial award, compared to just about half of those who tried to handle their case alone. And it’s not just about whether you win, but how much. On average, people with a lawyer received over four times more in compensation than those without one.
Why Choose a Medical Malpractice Lawyer In Tustin from Hodes Milman
Not just any personal injury lawyer handles medical malpractice cases. These cases are uniquely challenging, requiring specific medical knowledge, a network of expert witnesses, and a deep understanding of California’s complex healthcare laws.
Hodes Milman has a history of successfully recovering significant compensation for our clients who have suffered due to medical negligence, such as these landmark medical malpractice settlements:
- $4,875,000 Settlement: A 41-year-old pediatric hospitalist suffered uterine and bowel rupture during an outpatient surgery. The medical staff overlooked these injuries, leading to septic shock and long-term complications.
- $1,750,000 Settlement: A 60-year-old teacher’s breast cancer was misdiagnosed after mammograms were misread in 2018 and 2020. Unfortunately, the diagnosis did not come until after the cancer had already spread.
- $1,000,000 Settlement: A 68-year-old man died after a vein was transected during spinal revision surgery; our team represented the man’s family following the fatal surgical error.
However, it’s not just our three decades of experience or over $200 million recovered for our clients that sets us apart, but instead the way we treat the people we represent.
We stay closely involved in every case, making sure our clients feel heard, supported, and informed from day one. When you work with us, you’re not just getting legal experience; you’re getting a team that actually cares about your health, family, and future.
You can reach out to us anytime at (949) 640-8222 or online with any questions, and we’ll be there to walk you through it.
Tustin Medical Malpractice Lawsuit FAQs
How Much Will It Cost to Hire a Tustin Medical Malpractice Attorney?
We handle medical malpractice cases on a contingency fee basis. This means you don’t pay any attorney fees upfront. We only get paid if we successfully recover compensation for you, either through a settlement or a court verdict, and even then, it’s only a percentage. This allows you to pursue justice without added financial stress.
Does California Cap Damages in Medical Malpractice Cases?
Yes, under California’s Medical Injury Compensation Reform Act (MICRA), there are limits on non-economic damages like pain and suffering. As of 2023, the cap is $350,000 for injury cases and $500,000 for wrongful death, with gradual annual increases until they reach $750,000 and $1 million by 2033. After that, the caps will adjust 2% per year for inflation. There is no cap on economic damages, such as medical expenses or lost income, and separate caps may apply to different defendants, which can increase the total recovery.
How Long Do I Have to File a Medical Malpractice Lawsuit in California?
In California, you typically have one year from the date you discover your injury or when you reasonably should have discovered it to file a medical malpractice lawsuit. However, there is a strict three-year limit from the date the negligence occurred. If you believe you’ve been injured due to medical negligence, it’s important to reach out as soon as possible so we can help protect your rights and explore your options.
What If My Family Member Died As a Result of Medical Malpractice?
Losing a loved one because of medical negligence is a travesty, and you deserve answers and support during this difficult time. You may be able to file a wrongful death claim to seek justice and compensation. These cases allow family members to recover damages for losses such as funeral expenses, lost financial support, and emotional suffering.
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