Orange County Medical Malpractice Lawyer
Orange County Medical Malpractice Attorneys
Many Orange County residents trust various medical professionals with their health, and the majority of doctors, nurses, and other healthcare practitioners in the area uphold their professional responsibilities to their patients. However, negligence may also occur, and medical malpractice has become one of the most commonly cited causes of accidental injuries and deaths each year. An Orange County medical malpractice lawyer can help if you experience harm from medical negligence.
Knowledgeable Orange County Medical Malpractice Attorneys
A 1999 study estimated that between 44,000 and 98,000 Americans die each year in hospitals from medical errors. This does not include the tens of thousands who do not die but whose medical conditions are substantially worsened due to medical negligence in both hospitals and doctor’s offices.
Sometimes the Medical Malpractice is obvious, as in this case where a retractor blade was left inside our client after Gall Bladder Surgery. In other cases, it may take months for the victim to notice adverse effects from medical malpractice. Some surgical instruments may remain inside a patient undetected for years, and they face a consistent risk of these objects causing severe injuries until they are removed.
With these kinds of numbers you would think that it would be easy to win a medical malpractice suit, yet about 85% of medical malpractice cases tried in Southern California are won by the defense. This is because the law favors the doctors, the insurance industry has biased jurors in favor of the medical profession by falsely creating a medical malpractice crisis, the insurance companies have good lawyers defending the doctors, and the insurance industry has no trouble getting good doctors to testify on the defendant doctor’s behalf.
Talk To One Of Our Orange County, CA Medical Malpractice Lawyers Today
To have a reasonable chance at winning a medical malpractice case in a system stacked against you, you need attorneys who regularly handle, settle, and try medical malpractice cases. Easton & Easton, LLP regularly handles, settles, and tries medical malpractice lawsuits and has done so for more than 15 years, and Doug Easton has done so for more than 30 years.
Medical malpractice takes many forms, and we have represented injured plaintiffs in all kinds of cases. It can sometimes be as simple and obvious as leaving a surgical retractor blade inside the abdomen during a gallbladder surgery or as complicated as failing to properly monitor the calcium levels in a newborn with a heart defect that caused a heart arrest, anoxia, and brain damage. It can be due to erroneously injecting chemotherapy agents to treat cancer into the breast tissue with accompanying breast necrosis instead of into the vein through a port-a-cath. It can be due to a failure to timely recognize and treat a drug reaction. It can be due to failing to timely diagnose a fracture or failing to properly reduce and set a fracture after it was diagnosed. It can be due to a nurse failing to observe appropriate fall precautions or a laboratory computer failing to properly count and interpret blood platelets.
Allergic reactions to certain types of drugs can cause a burning type of injury. Attending medical teams are required to verify a patient’s medical history and review known allergies and sensitivities before they can administer any medications. Adverse reactions can be life-threatening under certain conditions, and failure to account for a plaintiff’s allergy record is a clear example of negligence.
One of the most commonly cited types of medical malpractice cases is diagnostic error claims. When a physician is responsible for diagnosing a patient’s condition, they must follow the correct process to do so accurately. Delivering an incorrect diagnosis can be incredibly dangerous if it subjects the patient to ineffective treatments that cause more harm than good, and failure to diagnose leaves the patient without the medical care they need for their condition.
The Standard of Care in a Medical Malpractice Case
The core of every medical malpractice claim is the standard of care the victim was supposed to receive for their diagnosis. The professional medical community agrees on appropriate treatments and techniques for all known ailments, and attending medical professionals are required to adhere to the standard of care for a patient’s condition. If they fail to meet the standard of care or deviate from it without a good reason, it is malpractice.
It’s important to remember that medical negligence and medical malpractice are distinct terms. Medical negligence describes a medical professional’s lack of reasonable care in a patient treatment setting. Medical malpractice occurs when their negligence harms the patient. If you are unsure whether your recent personal injury in Orange County, CA, was the result of negligence, it is important that you speak with a seasoned medical malpractice lawyer as soon as possible.
Serving Orange County, Los Angeles County, Riverside County, San Bernardino County And San Diego County
Whatever the cause of the medical malpractice, Easton & Easton, LLP, is prepared and ready to advise you about the merits of your claim. We take time to learn as much as possible about each client we represent, tailoring our strategies to their unique needs. No two cases are exactly alike, so we do not believe in one-size-fits-all solutions and develop a personalized legal strategy for each client we represent.
We understand the tricks, stratagems, and defenses the insurance companies and their attorneys use to defeat or minimize a medical malpractice claim, and at Easton & Easton, LLP we utilize our experience, skill, and dedication to make certain our clients do not fall victim to the insurance companies’ tricks and strategies.
Please call us at 800-461-8259 for a free initial consultation. If we do not take your case, there is no charge.
Click on the following link to read an article published by Matthew D. Easton regarding the difficult plight facing California Medical Malpractice Victims and the way in which the California Courts should redress the issue.
3 Things You Should Know If You Believe Medical Malpractice Has Occurred
Obtain a copy of all of your medical records immediately. Records can be changed, and it is essential to get a copy as soon as possible.
Write out a narrative of what happened in as much detail as you can.
Call Easton & Easton, LLP as soon as possible so we can advise you what to do next.
How to Identify Medical Malpractice in Orange County, CA?
Medicine is a very complex and constantly changing field. The medical community relies on clinical trials, scientific reports, and practical results to determine the best course of action for every known medical condition. Medical malpractice is the legal term that defines a healthcare professional’s failure to adhere to these best practices, called standard of care, for a patient’s condition.
In the legal world, a plaintiff with a medical malpractice claim must prove four distinct elements of negligence to succeed with this type of lawsuit:
- The plaintiff must have a record of an official doctor-patient relationship with the defendant. It is only possible to pursue a medical malpractice claim against a medical professional who provided direct medical treatment.
- The plaintiff and their attorney must then prove that the patient’s condition required a certain standard of care. This often requires consulting the medical community and/or obtaining other medical experts’ opinions.
- Next, the plaintiff’s attorney must prove the defendant failed to meet the appropriate standard of care for the situation in question. This generally requires proving that another similarly skilled healthcare professional in the same situation would have acted differently.
- Finally, it is essential to prove that the deviation from the standard of care caused damage or suffering to the patient. This could mean increased medical bills, disability, or other harm.
Successfully proving these elements is just one of the many obstacles facing injured patients seeking compensation for medical malpractice. It is also typically necessary to submit a medical malpractice claim for official review from the appropriate medical board before such a case can proceed. Experienced Orange County med mal lawyers will also usually arrange a second or even third opinion from another doctor to support the claim. If the medical board determines that malpractice has occurred, they will issue the plaintiff a Notice of Right to Sue, allowing them to continue their civil action in court.
Your medical malpractice lawyer in Orange County, CA, can assist you in meeting these procedural requirements and navigating the early stages of your case. There is a time limit for filing your case, and the sooner you begin the filing process the more likely you will be to not only meet this deadline but also succeed with your recovery efforts.
Potential Compensation From Your Orange County Medical Malpractice Claim
Medical malpractice can cause devastating losses to a patient who expects to receive safe, effective, and competently administered medical care. Medical malpractice lawsuits fall under the purview of personal injury law, so a medical malpractice plaintiff can expect to secure the same types of damages as they could in most other personal injury cases with some exceptions.
The first type of compensable damage a patient can claim is increased medical expenses. A negligent medical error can easily cause a host of medical complications, increased pain, and even disability or death. A plaintiff in a medical malpractice lawsuit can potentially recover compensation for both immediate and future medical bills resulting from a healthcare professional’s negligence.
In the event medical malpractice harms a patient in such a way that they cannot work, the patient can claim their lost income and/or lost future earning capacity as economic damages in their medical malpractice claim. They can also claim the cost of additional expenses incurred as a result of the malpractice in question, such as the cost of a wheelchair or other medical device the patient needs following the experience in question.
You can trust the team at Easton & Easton to help you uncover all the various forms of economic damages you can seek from the defendant who caused your injury. We know how to accurately calculate anticipated future economic losses like lost earning capacity and future medical expenses, and we know how to help our client recover fair compensation for their non-economic damages as well.
Pain and Suffering in California Medical Malpractice Lawsuits
California civil law allows personal injury victims to claim compensation for their physical pain and psychological suffering resulting from the negligence of others, and this rule also applies to medical malpractice lawsuits. However, California state law caps the amount of pain and suffering compensation a plaintiff can receive at $250,000 in medical malpractice claims. No matter how substantial the plaintiff’s other damages may be, this is the maximum amount they can expect to receive in noneconomic compensation from a medical malpractice claim.
An experienced Orange County med mal lawyer can provide their client with an idea of how much compensation they can expect to receive from a successful suit should they succeed with their case. If you have experienced any type of injury due to a medical professional’s malpractice, consult with an experienced Orange County med mal attorney as soon as possible to start building your case.
Winning Your Medical Malpractice Lawsuit in Orange County, CA
The first step in succeeding with a medical malpractice claim is establishing the four basic components of a medical malpractice claim: a doctor-patient relationship, the patient’s standard of care, the defendant’s breach, and the resulting harm. Next is completing the medical board review process. Once a medical board has determined the plaintiff has justifiable cause to pursue a medical malpractice claim, the plaintiff and their attorney can begin building their claim.
The strength of a medical malpractice claim hinges on the availability and accuracy of evidence. The plaintiff should expect to produce substantial documentation, including medical records, police reports, specialist reports, and second opinions from other doctors. It is also common for expert witnesses to play crucial roles in medical malpractice claims. For example, many Orange County med mal lawyers consult with physicians and other professional experts to clarify certain aspects of their cases, such as a plaintiff’s likelihood to develop permanent disability following a medical injury. Expert witness testimony is often required to succeed with medical malpractice cases. Your attorney can help secure testimony from an expert witness who holds the same board certifications as the defendant.
The crux of a medical malpractice lawsuit often boils down to whether or not the defendant acted in a manner consistent with the standard of care that the medical community deems appropriate for the situation in question. If not, the defendant will likely face liability for the plaintiff’s damages.
If the defendant was egregiously negligent or broke the law in causing harm, they are likely to face professional consequences along with their liability for the victim’s damages. For example, if the defendant harmed their patient because they were under the influence of drugs while working, they could face the loss of their medical license and criminal charges. Your attorney can explain how any such variables may influence your recovery efforts.
FAQs
Q: How Much Is My Medical Malpractice Case Worth in Orange County?
A: If you are able to prove that another party is directly responsible for causing medical malpractice, they are liable for the entire scope of the economic losses you incurred because of their actions. Additionally, you have the right to seek compensation for pain and suffering. Your Orange County medical malpractice lawyer can help maximize your case award.
Q: How Long Do I Have to File a Medical Malpractice Suit in Orange County?
A: While a medical malpractice claim is technically a type of personal injury case, there is a separate statute of limitations that applies to medical malpractice suits. A plaintiff has three years from the date their injury occurred to file their claim. It is also possible for the statute of limitations to extend for one year from the date of discovery of an injury from medical negligence.
Q: Why Should I Hire an Orange County Medical Malpractice Lawyer?
A: Your impending medical malpractice case is likely to be far more challenging than you initially expected. You also face stricter procedural requirements for filing the case than you would face after most other personal injury cases. Even if you managed to succeed on your own, you would be unlikely to recover as much compensation as an attorney could have secured for you.
Q: How Long Will It Take to Settle a Medical Malpractice Claim in Orange County?
A: Most medical malpractice cases are settled outside of court, and it may take only a few weeks to resolve a straightforward claim if you have the right attorney representing you. During settlement, the parties involved in the claim meet privately to negotiate mutually acceptable terms for resolving the case. As long as they are willing to compromise, they can settle the matter in far less time than litigation would require.
Q: What Does It Cost to Hire an Orange County Medical Malpractice Lawyer?
A: The team at Easton & Easton can provide legal counsel for your impending medical malpractice case on a contingency fee basis. This means you will not pay any upfront legal fees and will not pay anything if we are unable to obtain compensation for you. Instead, we take a percentage of the total compensation we recover for you as our fee at the end of your case.
Contact Our Orange County Med Mal Lawyers Today
One of the most important factors when it comes to a plaintiff’s likelihood of success with a medical malpractice claim is the quality of the plaintiff’s legal counsel. The team at Easton & Easton has decades of experience handling the most complicated medical malpractice claims. As your Orange County med mal lawyers, you can rest assured we will aggressively investigate every aspect of your claim and explore every possible avenue of compensation open to you under state law.
If you are ready to discuss your medical malpractice claim with an experienced Orange County med mal lawyer, contact Easton & Easton today for more information about our legal services. We will provide compassionate and responsive legal counsel through every phase of your case and do everything in our power to maximize your recovery.
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The superior client service Easton & Easton provides has earned the firm an A+ rating from the Better Business Bureau.
Easton & Easton is honored to have been chosen anew each year since 2014 by U.S. News & World Report and Best Lawyers as one of the "Best Law Firms" for the Southern California Metro Area.
Easton & Easton is honored to have been chosen by the LA Times Reader's Choice Poll as "The Best Personal Injury Law Firm in Orange County" for 2018.
Doug and Brian Easton have been selected as Top 100 Trial Lawyers for California each year since 2014 — honors given to less than 1% of attorneys.
Doug and Matt Easton have each been chosen as one of The Best Lawyers in America for Plaintiff's Personal Injury Litigation. Best Lawyers lists attorneys who have earned selection through exemplary legal work that attracts the notice of their colleagues. Lawyers cannot buy their way onto this list.
Brian and Matt Easton were recently honored for their efforts in securing a $1,850,000 verdict for a client in 2016, which was selected as one of the Top 50 Personal Injury Verdicts in California by TopVerdict.com.
Doug and Brian have each been selected by Super Lawyers, an honor given to less than 5% of attorneys. Matt Easton has been selected among Super Lawyers' Up-and-Coming Top 25 in Orange County and Top 100 in Southern Califonia, an honor given to less than 1% of attorneys under 40 years old.
Easton & Easton is honored to have been chosen as one of the "10 Best Personal Injury Law Firms” in all of Southern California" each year Since 2015 based on client satisfaction — one of the highest honors we could ever hope to achieve.
Easton & Easton received the “People Love Us On Yelp” award in 2016 due to the exceptional client satisfaction reviews given by our clients over the years.
Doug and Matt Easton have each been featured as Premier 100 Trial Attorneys for California since 2015 — honors given to less than 1% of attorneys.
Brian and Matt Easton have each earned lifetime appointment to the Multi-Million Dollar Advocates Forum — The Top Trial Lawyers in AmericaTM through the results achieved for their clients. This is an honor given to less than 1% of attorneys in the United States.
Doug Easton has held the “AV Preeminent” Rating for over 30 years and Matt Easton received this prestigious distinction in 2015. The "AV Preeminent" rating is the highest possible rating for both legal ability and ethical standards, and is based on the legal profession’s oldest peer review rating system, dating back to 1887.
Doug, Brian, and Matt Easton have all been chosen as one of the "10 Best" Personal Injury Attorneys in Southern California each year since 2015 based on client satisfaction, an honor given to less than 1% of personal injury attorneys - and Easton & Easton houses three of them.
Brian Easton was selected to the American Board of Trial Advocates (ABOTA) in 2015. ABOTA is one of the most premier associations of trial attorneys and judges, requiring a certain number of jury trials as lead counsel and approval by a majority vote of the ABOTA board.
Matt Easton has been selected each year since 2014 as one of the Top 40 Trial Lawyers Under 40 for California by The National Trial Lawyers — an honor given to less than 1% of attorneys.
Doug and Matt Easton have each been chosen as one of The Best Lawyers in America for Plaintiff's Personal Injury Litigation. Best Lawyers lists attorneys who have earned selection through exemplary legal work that attracts the notice of their colleagues. Lawyers cannot buy their way onto this list.
Both Doug and Matt Easton have been selected as Top Personal Injury Attorneys by Avvo with scores of 10 out of 10 based on their skill, experience, results, peer evaluations, and client reviews.
Matt Easton has been selected as one of the Top 10 Personal Injury Attorneys Under 40 in California for 2015 by the National Association of Personal Injury Attorneys — an honor given to less than 1% of personal injury attorneys under the age of 40.
Doug, Brian, and Matt Easton have all been selected by the National Association of Distinguished Counsel among the Nation's Top One Percent of Attorneys each year since 2017.
“We look for the human story behind every injury or wrongful death. We prepare our cases for trial; reaching out to the jury with the most compelling evidence possible for the best verdict possible. Insurance companies know this and come to the table prepared to negotiate in good faith. Call us to see how we can turn your story into fair compensation.”
Partner W. Douglas Easton
What Our Clients Say
Coming out of my first auto accident as an adult, a very difficult and scary time to navigate and understand, I was so incredibly thankful to have been put in contact with Easton & Easton. I honestly was lost with how to handle paperwork, doctors, medical costs and what next steps were, and from the moment I spoke with Travis Easton and my case manager Katie, my mind was put at ease. They have made the entire process stress free for me as I recovered, and I am so grateful for them and their genuine care for my case. Communication from the start has been fantastic, especially making clear what my expectations for the entire process would look like, and I truly believe they have my best interest at heart. 100% I would recommend their firm for anyone that is needing representation! Read more…
My experience with Easton & Easton has been amazing! Gabriel Mendoza and my case manager Katie have been so helpful and taken so much stress off my plate. They’ve been super informative and honest and given me very clear expectations. They’ve taken such a terrible experience (my accident) and eased my mind about the outcome. I can’t thank them enough!! Read more…
Ive used them twice and never been disappointed. Read more…
The Easton & Easton Law Firm is amazing! The entire team is very helpful and caring. They were always there to answer all my questions. They directed me through the entire process and stayed with me every step of the way. This team is outstanding and were wonderful to work with. Because of the tremendous effort they put on my case they were able to win my difficult personal injury case. I couldn’t have asked for a better law firm to handle my case. They are the Best! Thank you for your patience, professionalism, & guidance! I definitely recommend this firm to handle your case. They go out of their way to fight for your rights. THANK YOU… Read more…
I could not be more pleased with the services provided by the Law Offices of W. Douglas Easton. The senior partner Mr. Easton took the time to meet with me and my wife while I was still in the hospital, where he gave my family hope that there was light at the end of a very long, and very dark tunnel. Matt Easton then worked my case, and because of his dedication, experience and expertise I received a settlement that was larger than I EVER thought possible. It was truly astounding! Matt and the entire team at Easton & Easton looked out for me throughout my recovery, and in the end they gave me my life back. Five stars is not enough. Thanks Matt! Thanks Easton & Easton! Read more…
Brian and everyone at Easton and Easton are simply the BEST at what they do. Brian is thorough, easy to talk to, and truly cares about his clients. If you want a family of attorneys with perseverance and determination to fight for you, give Easton and Easton a call. I am glad I did. Read more…
What an amazing law firm, talk about going above and beyond to make such a painful experience go so well. I have referred a co-worker and a family member to them as well and everyone had such a great experience as I had. Read more…
I can’t say enough amazing things about my experience with Travis Easton at Easton & Easton. Travis and his entire team (Katie, Amy, Dee, Michelle, & Araceli) are phenomenal. It provided me a lot of comfort to know I was being so well taken care of. I was especially impressed that every document for the case was perfectly written and specific to me. Nothing was generic, which shows the level of care and attention they put into each individual case. I had such a great experience and would highly recommend Travis Easton and his firm to anyone going through a personal injury. Travis took a bad situation and made the best of it for me. Thank you again, I’m forever grateful!!
-Allee
Retaining Easton and Easton was one of the best decisions I’ve ever made! From the initial consultation to our final meeting, they were nothing short of exceptional. I was forced to retain their services after firing my previous attorney for not handling the case properly. I dealt with Gabriel and Brian (partner) exclusively throughout the case. They did as promised and were great communicators throughout the entire process. I will recommend them to anyone I know going through a personal injury case. They were ultimately able to untangle the mess caused by my previous lawyer and get a result that I was extremely happy with. Their staff is exceptional as well and provided top notch customer service. Amera was also extremely helpful and easy to deal with as well.
I was in a pretty bad car accident and decided to have Easton & Easton represent me, Travis Easton to be specific. Travis Easton and his paralegal made the whole process effortless. They were so understanding and helpful! The entire thing was a gigantic mess, yet Travis managed to make it run like clockwork. I would HIGHLY recommend Easton & Easton! If you are ever in need of a personal defense attorney Easton & Easton is the firm to represent you!
They are the best law firm in Orange County period. Choosing them to represent me was the best decision of my life.
My life changed in a matter of seconds after a catastrophic spinal cord injury that left me disabled. Brian Easton and his team worked on my case non stop for 3 years and provided me the justice I deserved. I couldn’t have been more content.
I was treated with utmost respect and I felt like I was being represented by a close family member. The responses to my questions were quick and clear. What E & E has done for me is phenomenal.
My sincere thanks to Brian, Matt, Travis, Doug, Gabriel and Amera. They are what they are because of their dedication to provide high quality and professional service to their clients.
Brian Easton and his team, Gabe Mendoza and Amera Hajali, helped me during a very difficult time in my life. I had a significant injury from a car accident, and wound up seeking out Easton & Easton when I was having difficulties getting help from my doctors. The Easton team took a lot of stress off of me while acting as my advocates to help me get the care I needed, and saw my case all the way through to a healthy settlement.
They are the BEST!
I have nothing but good things to say about Easton and Easton. Brian handled my case professionally and communicated with me effectively throughout the process. He made sure that the process was effortless and as hands free as possible. This was super important for my busy schedule. I highly recommend Easton and Easton if you are ever found in a situation that you need an attorney.
I would highly recommend Easton & Easton.
I was rear ended on my home and pushed into a semi-truck. I was not sure how to go about even using an attorney.
Brian, Gab and Amera were so good about helping me thru the process and representing me.
I was able to concentrate on getting myself better knowing they had my back, taking care of the details and keeping me informed along the way
The best Law firm by far. I would highly recommend Easton & Easton, LLP and ask for Gabriel Mendoza and staff. He and his colleagues did and exceptional service. Thank you for everything. Job well done!
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