Medical Malpractice Attorneys in Orange County

Errors are a natural part of human behavior, but in some professions, a simple mistake could cause someone their life. Mistakes in the medical field have cost people limbs, fertility, years of their lives, and their trust in the medical profession. When a mistake is so egregious that any reasonable physician could reasonably be expected not to make it, malpractice may have occurred.

If you’ve been wronged by your medical provider, it’s time to talk to an Orange County malpractice attorney. We’ve taken the time to search through California Bar Profiles and select attorneys based in Orange County. Reach out to an attorney near you now.

Helpful Information About Choosing an Orange County Medical Malpractice Lawyer

• You can research the Bar license status, suspensions or reprimands of an attorney at the California Bar Association website.
• In California, a medical malpractice claim must be filed within 1 year of the patient discovering the injury or within three years of the date that injury occurred. There are some exceptions to this, but you should discuss this with an attorney.
• Some attorneys will be able to meet with you at their office, the hospital or over Zoom.

Common Types of Medical Malpractice

Medical malpractice may occur in any specialty and medical setting, but some types of cases are far more common than others. They include:

• Misdiagnosis and missed diagnosis. A missed diagnosis or misdiagnosis can delay a patient’s treatment or force them to undergo the wrong treatment.
• Birth injuries. Birth injuries can kill mothers and their babies or leave them with lifelong disabilities.
• Surgical mistakes. Leaving a foreign object inside the body, operating on the wrong body part, or doing the wrong surgery are all serious surgical errors.
• Medication errors. Administering the incorrect medication or administering it in the incorrect way can cause serious side effects for patients.
• Anesthesia errors. Too much or too little anesthesia can leave a patient unable to wake up, unable to breathe, or in pain during an operation.

Orange County Medical Malpractice Lawyers:

Hodes Milman LLP

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Law Office of Marshall Silberberg

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California Statute of Limitations for Medical Malpractice Claims

In general, you have three years from the date of the injury to file a claim against a practitioner in California. If your injury is not immediately noticeable and you become aware of it later, you have one year from the date of discovery to file a claim.

Malpractice affecting a child has a separate statute of limitations. If the child was younger than six, the parents have three years from the date of injury or until the child’s eighth birthday to file a claim.

There are several other exceptions to this law, so it’s important to talk about your specific case with a medical malpractice attorney in Orange County.

Compensation and Current Limits

You may be awarded many types of compensation for a medical malpractice claim, including money for:

• Medical expenses
• Lost wages
• Future medical expenses and lost income
• Pain and suffering

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2023 Medical Malpractice Compensation Caps Update

There are limits to non-economic compensation, which includes items like pain and suffering, loss of consortium, and disfigurement. Prior to 2023, the cap on damages due to pain & suffering for a medical malpractice claim used to be $250,000. On January 1, 2023, Assembly Bill 35 increased the limit to $350,000 for medical malpractice injury claims, and $500,000 for medical malpractice death cases. There will be annual $40,000 and $50,000 increases after 2023, until the limits reach $750,000 for injury, and $1,000,000 for loss of life. After that point, there will be subsequent 2% annual increases.

If you have been injured by a negligent medical provider, find out if you have a valid medical malpractice claim. Browse our list of local medical malpractice lawyers and reach out to them today.