MEDICAL MALPRACTICE LAWYER
Every day, people trust their lives to medical professionals who have sworn to protect their health. However, this trust is frequently abused by doctors, nurses, dentists, pharmacists, and hospitals who fail to follow basic procedures.
Many times, the results of such carelessness are deadly, and preventable accidents happen that can cause someone serious illness or injury.
We’re here to help. Contact Win Nguyen Law immediately if you have suffered from a medical professional’s negligence. Every detail of your case matters in maximizing your compensation or settlement, and our team is prepared to guide you to justice!
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What is Medical Malpractice?
Healthcare professionals like doctors and nurses need to provide a high “standard of care” based on their medical education and training.
This standard includes following rules and practices for treating patients that are in similar situations to yours. Therefore, when healthcare professionals fail to provide you or your loved ones with adequate medical care and treatment, they have committed medical malpractice.
Medical Malpractice and Medical Negligence
Medical malpractice and medical negligence may sometimes be used as interchangeable terms, which can be confusing.
Generally speaking, it is medical malpractice when a healthcare provider makes a conscious decision that fails to uphold the proper standard of care. It is medical negligence when a provider makes an unintentional mistake or oversight.
In both scenarios, if you experienced an injury or had your injury worsen due to the actions or inaction of a medical professional, you have the right to pursue a full and fair settlement.
Types of Injuries Medical Malpractice Attorneys Handle
If you are not a medical professional yourself or familiar with medical procedures and questions, how do you know if a doctor or healthcare professional has violated the standard of care before causing your injury or sickness?
Sometimes, it can be obvious, like a misdiagnosis or unnecessary surgeries. However, it is best to call and share your story with a lawyer for most cases.
The personal injury lawyers from Win Nguyen Law can provide specific guidance to see if you have a valid claim and make the process of obtaining your rightful compensation simple.
Most common medical malpractice injuries include:
Birth injuries
Misdiagnosis or Delayed Diagnosis
Failure to Diagnose Cancer
Medication Errors and Improper Drug Administration
Prescriptions
Surgical Errors
Anesthesia Errors
Emergency Room Errors
Serious Infections
Radiology Errors
Poor Training or Supervision of Medical Personnel
Brain Injury
Spinal Cord Injury
Wrongful Death
At Win Nguyen Law, we are proud to serve the people of L.A. and Orange County who have experienced pain, financial burden, and injuries as a result of medical malpractice.
Our team of specialized medical malpractice lawyers have decades of experience on both sides of malpractice cases. This insider experience lets us fight back against the underhanded tactics that insurance companies, hospitals, and rich doctors all use to sabotage your chances of fair compensation. While malpractice lawsuits can be expensive on paper, your malpractice attorney at Win Nguyen Law will handle everything with no upfront cost to you, so that you can focus on making the best recovery possible.
What Kind of Compensation can I Receive by Working with a Medical Malpractice Lawyer?
In personal injury cases like car accidents and medical malpractice, generally injured people can settle or have the jury award the following kind of damages:
Economic Damages, which are the costs of your injury with a clear dollar value, like medical bills or lost wages
Non-economic Damages, which represent truly irreplaceable losses like pain and suffering, loss of love or companionship, or disability and loss of limb.
Punitive Damages, which are often awarded for cases where the defendant’s negligence or reckless behavior is particularly egregious.
Since 1975, California’s law, known as the MICRA law, has imposed caps on non-economic damages for medical malpractice cases. Effective on January 1, 2023, Assembly Bill 35 was signed into law which raised these caps immediately ($350,000 for non-death injuries, $500,000 for wrongful deaths). AB 35 also grants an annual increase over the next 10 years ($40,000 for non-death injuries, $50,000 for wrongful deaths).
Afterwards, effective January 1, 2034, the cap on non-economic damages will be raised 2% every year for all medical malpractice cases to keep up with inflation.
As of 2025, the caps on non-economic damages are:
For medical malpractice cases that do not involve wrongful death:
Non-economic damages are limited to $430,000
For medical malpractice cases that involve wrongful death:
Non-economic damages are limited to $600,000
Currently, there is no cap for economic or punitive damages in medical malpractice cases in California.
Non-Economic Damages in Medical Malpractice Cases
Additional Medical Expenses
Pain and Suffering
Lost Wages or Loss of Future Earnings from Inability to Work
Physical and Emotional Therapy Costs
Quality of Life being reduced
Scarring and Disfigurement
Wrongful Death
What Will a Medical Malpractice Attorney Do for My Case?
While the legal process for medical malpractice cases is rarely simple, a skilled attorney will serve as your advocate and help guide you through every step of the process. The lawyers of Win Nguyen Law aim to provide elite service so that you can focus on making your best recovery.
1. Build Your Case
Once the malpractice is recognized, it’s time to build your case. Your attorney will gather all relevant evidence, such as medical records, expert opinions, and witness testimonies. Then the lawyer can evaluate your case, prepare for all possible scenarios, and craft a strong argument to prove the medical provider’s negligence.
2. File Your Case
Medical malpractice cases have strict rules such as deadlines (statutes of limitations), filing requirements, and evidence standards that affect what kind of legal actions you can take. A specialized malpractice attorney will be able to prepare and file your case’s relevant paperwork accurately and on time, so that your rights are protected throughout the process.
3. Negotiate a Fair Settlement
Most medical malpractice cases are settled out of court once medical providers or insurance companies realize that your fair compensation will cost them less than dragging the case out. However, this out-of-court settlement can only be secured with an expert lawyer who can effectively argue your case’s merit by using evidence and expert opinions.
Often, it takes multiple rounds of negotiation at different steps of the process before the other side is ready to offer your maximum rightful compensation that can cover your medical costs, lost wages, pain and suffering, and more. Your lawyer will be able to tirelessly advocate on your behalf for every negotiation and ensure that your case is not simply brushed off.
4. Represent You at Trial
If a fair settlement cannot be reached, your specialized malpractice lawyer will be fully prepared to represent you in court and articulate your story to the jury. Good lawyers can get the jury to feel your pain and show why you deserve the maximum rightful compensation to make your best recovery.
The attorneys of Win Nguyen Law are committed to getting proper justice for the people of L.A. and Orange County. We won’t rest until we’ve done everything we can to ensure that you get your full and fair compensation, because we know that it’s your life on the line.
You should NEVER accept a settlement offer from a doctor, hospital, or insurance company without first consulting a lawyer.
Don’t get scammed into accepting a hasty, lowball offer that will disqualify you from obtaining the full compensation that you and your family need.
Call 714-468-5663 if you have any questions regarding your case. Don’t wait to win!
How Much Does It Cost to Hire a Medical Malpractice Lawyer?
Nothing.
It is standard for medical malpractice lawyers to work on a contingency basis. This means they don’t get paid until you get paid for your case. The attorney will also cover any upfront costs for things like paying the experts for their time spent testifying in court on your behalf.
Therefore, a medical malpractice lawyer has every reason to work their hardest and maximize the compensation you receive for your malpractice case.
Have a story to tell? We’d love to help.
Call 714-468-5663 and tell us your malpractice story today, and we’ll happily explain your legal options at no cost to you.
How Much Do I Have to Pay a Malpractice Lawyer From My Settlement?
Assembly Bill 35 has updated California’s state law, known as the MICRA law, regarding how much a personal injury lawyer can be paid from a settlement or trial judgment for medical malpractice cases.
Now, an attorney will be limited to the following:
25% of the compensation won for malpractice claims that are settled before a lawsuit or demand for arbitration is filed.
33% of the compensation won for malpractice cases that are resolved or settled after a lawsuit is officially filed.
In certain complex cases that go to trial or arbitration, the attorney may also petition the court for a higher contingency percentage.
Note, these amounts are the state maximum. The maximum contingency percentages are generally standard (though smaller percentages can be taken by sympathetic lawyers), even for huge nationwide law firms. Thus, any lawyer who insists on getting a larger portion of your settlement or trial award is not to be trusted.
With Win Nguyen Law, we determine our fees individually for each case and always tell you our percentage upfront during your free case evaluation, so that you know all the facts of our elite service.
Medical Malpractice Lawyers Near Me
Win Nguyen Law is proud to serve communities all over the Southern California area, including Los Angeles and Orange County. Obtaining specialized legal representation with a proven track record of winning cases is just a phone call or text message away.
The attorneys of Win Nguyen Law regularly travel to meet clients in their homes or close to their homes. Reach out for a free consultation if you’re unable to travel to our offices in Orange County, and we’ll send out a qualified attorney to discuss your case as soon as possible.
Don’t wait to win! Click the button below to find a medical malpractice lawyer who can understand your case and dedicate themselves to maximizing your rightful compensation.
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Who is Win Nguyen Law?
Win Nguyen Law is a law firm based in Orange County, California founded by Jim T. Nguyen, and staffed by Jim and his fellow attorney Julie H. Chen.
With decades of collective experience in the legal field, Jim and Julie have helped the people of Los Angeles and Orange County learn their legal rights and win their deserved compensation for a variety of injuries, which include car accidents, truck and other vehicle accidents, slip and fall, dog bites, medical malpractice, and wrongful death. They are widely known and appreciated for their strong problem solving skills and compassionate, honest approach to proving their clients’ cases to both insurance representatives and juries alike.
When they have free time, Jim likes to hit the gym, travel the world with his girlfriend, and volunteer alongside his police and firefighter friends at events, while Julie enjoys trying new food and drinks, going to concerts, and spending precious time with her husband and her two daughters.
Jim Nguyen, Julie Chen, the Law Offices of Jim T. Nguyen, and Win Nguyen Law are licensed to practice law in California.
