The Law Office of Marshall Silberberg has successfully recovered more than $500,000,000 on behalf of the injured.
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WHAT IS MEDICAL MALPRACTICE?
Understanding the Laws
Medical malpractice occurs when medical professionals deviate from the standard of care and injure a patient. If a similarly trained professional would have handled your situation better under the same or similar circumstances, the individual in charge of your care can be held liable for your injuries. Injuries can be the result of a negligent act or omission. This negligence might occur during diagnosis, treatment, aftercare, or health management. Medical malpractice can also occur in long-term care facilities like hospitals and nursing homes.
Some common types include:
- Misdiagnosis or Delayed Diagnosis: When a healthcare provider fails to correctly diagnose a medical condition in a timely manner or diagnoses it inaccurately, leading to delayed treatment or inappropriate care.
- Medication Errors: These can include prescribing the wrong medication, incorrect dosage, or administering medications in a way that harms the patient.
- Birth Injuries: Injuries to the infant or mother during childbirth due to medical negligence, such as mishandling complications during delivery.
- Nursing Home Neglect or Abuse: Mistreatment or neglect of elderly residents in nursing homes or long-term care facilities by staff members, leading to physical or emotional harm.
- Anesthesia Errors: Mistakes in administering anesthesia, such as giving too much or too little anesthesia, resulting in complications or injury during surgery.
- Emergency Room Errors: Mistakes made in the emergency room due to misdiagnosis, delayed treatment, or inadequate care in urgent situations.
- Hospital Errors: These encompass a wide range of mistakes that can happen within a hospital setting, including administrative errors, inadequate staffing, poor communication among healthcare providers, and issues related to hospital-acquired infections.
- Sepsis Infections: Failure to diagnose or treat infections promptly can lead to sepsis, a severe and life-threatening condition resulting from the body's response to an infection. Medical negligence in handling infections can exacerbate sepsis and lead to dire consequences.
- Surgical Errors: Mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or errors in anesthesia administration.
- Surgical Never Event: These are extreme errors during surgery that should never occur, such as performing surgery on the wrong patient or body part, or using incorrect surgical instruments.
- Wrongful Death: When a patient dies due to medical negligence or malpractice, their family may pursue a wrongful death lawsuit.
When you’ve been the victim of medical malpractice, you are entitled to legal recourse and compensation. Medical malpractice is not always straightforward, which is why you need to entrust your case to an attorney like Marshall Silberberg, who has spent years investigating and winning these types of cases.
Testimonials
Millions of Dollars Recovered for Our Clients
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“I can't express how wonderful their service is. The team provides what you expect and more. They personally visited me out of state to discuss my case.”- Amy T.
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“They were kind, compassionate, and worked tirelessly to ensure the truth was told. We highly recommend them for any personal injury case.”- Diana M.
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“The Law Office of Marshall Silberberg did a great job! The whole team was awesome and always there for me.”- Charles T.
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“We highly recommend the Law Offices of Marshall Silberberg for any personal injury case you may be facing.”- Diana M.
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“Will Collins and Marshall are a great team and will provide you with what you're expecting, plus more. Marshall even personally visited me out of state when I was receiving rehabilitation services.”- Amy T.
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“He and his staff always kept me informed. He personally answered his cell phone whenever I called. He fought for me, and in the end, obtained a settlement in 14 months that was far greater than any of the similar cases I had researched.”- Craig F.
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“There are no words that describe how grateful I am for Marshall, Will, and the whole team. They fought to get justice for my family, myself, and my unborn baby. When it comes to being committed and fighting for justice, they truly do a great job.”- Karla B.
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“Marshall did a great job for me! He was always there for me, if I called he would be right there!”- Charles T.
Relentless About Results
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$28,700,000 Catastrophic Surgical Error
In a landmark verdict, the plaintiff was awarded $28.7 million in damages following a tragic incident involving a fish bone lodged in the victim's airway after consuming fish tacos.
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$9,000,000 Pediatric Surgical Malpractice
Our client, a minor, was treated by a neurosurgeon who, at no point in the doctor-patient relationship disclosed that he was not a pediatric neurosurgeon.
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$8,800,000 Failure to Diagnose
Our Values
What Our Work Means To Us
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Focused on Your FutureWe don’t just aim for legal victories—we fight for the financial recovery and peace of mind you need to move forward. From medical bills and lost income to pain and suffering, we pursue full compensation so you and your family can rebuild with confidence.
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Experienced Where It MattersWith decades of courtroom experience and hundreds of trials behind us, we know how to win. We’re straightforward, strategic, and fully prepared to take your case as far as it needs to go.
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Built on Trusted PartnershipsWe’ve cultivated long-standing relationships with leading doctors and industry experts who help us build strong, evidence-based cases that stand up in court and lead to better outcomes.
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Personally Invested in Every CaseWe see the person behind the case and understand what you’ve been through. That’s why we approach every client with compassion, respect, and unwavering support from start to finish.
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Driven to Deliver ResultsWe go all in—thorough preparation, expert insight, and tireless advocacy. We don’t charge a fee unless you recover, and we fight for compensation that truly makes a difference in your life.
Determining Negligence in a Medical Malpractice Case
If you’re considering filing a medical malpractice lawsuit, you may be wondering what evidence you need to determine liability. Most legal claims for medical malpractice come down to establishing that your health care professional was negligent in providing medical care or treatment to you, and that you suffered an injury as a result. In this blog, you can take a look at what you may need to prove in a successful medical malpractice case.
- Existence of Doctor-Patient Relationship - First, you need to show the existence of a doctor-patient relationship, which establishes a doctor’s duty to provide you with competent care. In general, this is not a difficult element to prove in a medical malpractice case. If your doctor agreed to provide diagnosis or treatment to you, then the doctor-patient relationship exists.
- Proof of the Doctor’s Negligent Care - Next, you need to show that your doctor did not act with the skill and care that a similarly trained health care professional would have under the circumstances. In establishing the medical standard of care, it may be necessary for expert witnesses to testify about what a competent doctor would have done in the same situation. The expert witness must apply the medical standard of care to your case and show how your doctor failed to provide adequate care, through detailed testimony.
- Link Between Doctor’s Negligence and Your Injury - You must also show that the doctor’s actions caused your health condition to become worse, or resulted in you suffering an additional injury. Expert testimony helps to establish this element.
- Proof of Patient’s Harm - Finally, you must provide details of the actual harm you suffered. In a medical malpractice case, damages might include the cost of additional medical treatment, and lost income due to the inability to work.
- Proof By a Preponderance of the Evidence - A patient who has been injured by medical malpractice must show the elements listed above “by a preponderance of the evidence,” which means that they are each more likely true than false.
As a medical malpractice claimant, you have some unique legal hurdles to get over, including getting the case past a malpractice review board and filing a certificate of merit in some cases. If you have been injured as the result of a health care professional’s negligence, please contact our Orange County medical malpractice lawyers at the Law Office of Marshall Silberberg.
How to Find a Medical Malpractice Attorney
When you or a loved one have been injured due to medical negligence, it is essential to find the right medical malpractice attorney. Having an experienced attorney can make all the difference in whether you receive the compensation that you deserve for your injury or loss. But the question remains, how do you find the right attorney for your case. Here are a few methods that may help:
- Ask for Referrals - Reach out to family, friends, and colleagues who have gone through a similar experience or know someone who has. People in your network may be able to provide you with referrals for lawyers they’ve worked with before that can help with your case.
- Research Online - Search online directories as well national organizations like the American Bar Association (ABA) and American Association of Justice (AAJ). Look into reviews from past clients and see what others think about an attorney's services before making contact.
- Schedule a Consultation - Use the information gathered during your research phase to set up an initial consultation with potential attorneys on your list. During this meeting discuss important questions such as fees, years of experience, areas of expertise related to medical malpractice cases etc. This way you can get a better understanding if whether a medical malpractice attorney is the right fit for you and your case.
- Check Certifications & Accreditations - Ensure that whoever you hire is certified by their state bar association, and that they are accredited by the appropriate professional organizations like AAJ or ABA. This will help to guarantee professionalism and quality service. Also check if the attorney has any specialties, and make sure they have experience in medical malpractice type that matches your case.
An experienced medical malpractice lawyer will be able to navigate through the complexities of these cases and help ensure that justice is served. They understand how important it is to get fair compensation for victims of medical negligence, and they are familiar with local laws and regulations governing such cases. The right medical malpractice attorney will also be well-versed in negotiating settlements with insurance companies on behalf of their clients. With their expertise, knowledge, and dedication, they can provide invaluable representation for those affected by a negligent doctor or health care provider.
We're Here to Answer Your Questions
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Who is Liable for Medical Malpractice?
In cases of medical malpractice, several parties can be held liable, depending on the circumstances surrounding the incident. Liability can extend to:
- Individual Practitioners: This includes doctors, surgeons, nurses, anesthesiologists, and other healthcare professionals directly involved in the patient's care. If their actions or negligence caused harm, they can be held accountable.
- Hospitals and Healthcare Facilities: Hospitals can be held responsible for the actions of their employees under a legal doctrine called "vicarious liability" or "respondeat superior." If an employee's negligence occurs within the scope of their employment, the hospital or facility may be liable.
- Medical Staff and Support Personnel: Other medical staff, such as technicians, pharmacists, or assistants, might also be held accountable for their negligence or errors that result in harm to a patient.
- Healthcare Corporations or Organizations: In cases where systemic issues or policies within a healthcare organization contribute to malpractice, the organization itself might bear liability.
- Manufacturers of Medical Devices or Pharmaceuticals: If a medical device or pharmaceutical product is faulty or has defects that cause harm to a patient, the manufacturer could be held liable under product liability laws.
- Third Parties: In certain instances, parties not directly involved in patient care but whose actions or products contributed to the malpractice might be held accountable. For instance, a maintenance company responsible for faulty equipment used during surgery.
Determining liability in a medical malpractice case often involves investigating the specifics of the incident, understanding the chain of events, and establishing whether negligence or a breach of the standard of care occurred. It can be complex and may require legal expertise and medical opinions to identify all responsible parties.
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How Much Can I Recover in a Medical Malpractice Claim?
In California, medical malpractice plaintiffs are limited by a $250,000 cap on non-economic damages. Non-economic damages account for losses like pain and suffering, diminished quality of life, and loss of consortium in wrongful death cases.
Nevertheless, you have a right to be fully compensated for economic losses, including:
- The cost of your initial treatment
- Subsequent medical care
- Rehabilitative expenses
- Long-term care
- Loss of income
- Changes to your earning potential
- Funerary and burial costs in wrongful death lawsuits
Even with state-imposed limits, our skilled lawyers can help you maximize your verdict or settlement.
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Do I Have to File My Claim Right Away?
While we encourage our clients to pursue legal assistance as soon as possible, you generally have a maximum of three years from the date of injury to file a medical malpractice claim. This, however, is case specific. For example, if you are aware of the negligence, you have no more than one year from the date of injury to file your claim.
This is due to California’s statute of limitations, outlined in the California Code of Civil Procedure section 340.5. Sometimes, particularly in the case of misdiagnosis, patients do not discover their injury until long after their initial treatment. When this is the case, you have up to 1 year from the time of the discovery to file an initial claim.
If your child is under the age of 8 years of age, you have until their 8th birthday to file their claim. Otherwise, the statute applicable to adults will apply to a minor.
Other exceptions to California’s statute of limitations involve:
- Situations in which surgeons or medical providers unintentionally left a foreign object inside the patient
- Cases where provider fraud concealed a medical mistake
Unless your case fits the unique circumstances above, you must file your claim within 3 years, or else you will lose your right to take civil action. The sooner you file a claim, the stronger your case will be.
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What Are Never Events?
Sometimes, medical malpractice arises during “never events.” These are especially shocking medical errors that should never occur. Unfortunately, never events happen more frequently than their name suggests.
Never events include:
- Surgical or procedural events, such as wrong-limb amputations or wrong-patient surgeries
- Product or device events, including contamination
- Patient protection events, where patients are lost or improperly discharged
- Care management events, like unsafe blood products or medication errors
- Environmental events, such as electric shocks or the improper use of restraints
- Radiological events, in which metallic objects are introduced into the MRI area
- Criminal events, like abuse or assault
If you’ve been affected by a never event, you almost always have grounds for a medical malpractice lawsuit. Contact us today to discuss your case. We charge no fees unless we win!
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How long do I have to file a claim for medical malpractice?Under California law, a person has a limited amount of time to bring forth a claim that they or a loved one are a victim of medical malpractice. In addition to the requirement for the claimant to prove that the medical professional providing the service failed to provide the appropriate standard of care, they must also do so within an allotted timeframe. In California, the medical malpractice lawsuit must be brought forth within one year of the alleged victim discovering the injury or before the end of three years that the injury occurred, whichever happens first.
How a Former Defense Lawyer Can Help You
Attorney Marshall Silberberg and his team have earned national recognition for exceptional representation and success in medical malpractice cases. Over the years, we have demonstrated that we possess the extensive experience, professional connections and resources, and unyielding commitment needed to help clients recover the compensation they deserve in even the most complex cases. We also leverage Attorney Silberberg’s 29 years as a former defense lawyer for hospitals and physicians to level the playing field between our clients and the massive corporations and insurers they face in these cases.
Medical malpractice is a difficult area of law, and our team is proud to handle these challenging claims for clients and families throughout Orange County and the state of California. Whatever your case may be, you can be confident when placing your trust in our proven firm. Our reputation and successful recovery of hundreds of millions of dollars for victims of medical negligence speaks for itself.
Call (949) 565-4281 now to arrange a free consultation with our experienced firm!
