David A. Winkle

David A. Winkle is a Partner at Murchison & Cumming, LLP’s Irvine office with over 40 years of experience, where he serves as the Co-Chair of the firm's Health Law practice group. With a practice deeply rooted in health law and related litigation, David has established himself as a leading authority in the defense of hospitals, physicians, and other medical professionals. His expertise extends to complex areas such as staff privileges and disputes, professional liability defense, and employment law, making him a trusted advisor and advocate for healthcare providers navigating the most challenging legal landscapes.

David has represented the Tenet Healthcare Corporation and its subsidiaries and affiliates for more than three decades. He has consistently delivered successful outcomes against some of California’s top medical liability plaintiff trial attorneys defending hundreds of medical malpractice, elder abuse and general liability lawsuits. Dave's vast medical knowledge in combination with persuasive litigation tactics has protected hospital from the devastating consequences of medical liability settlements and jury verdicts.

Throughout his career, David has demonstrated a unique ability to manage the intricacies of healthcare litigation while delivering favorable outcomes for his clients. His depth of knowledge in both legal and medical fields, combined with his strategic acumen, positions him as an invaluable asset to the firm and the clients he serves.

David regularly conducts Continuing Education seminars, providing hospital Risk Management with actionable strategies to mitigate factors that often lead to liability lawsuits.

His "AV" rating by Martindale-Hubbell, the highest possible rating, attests to his exceptional legal abilities and ethical standards.

Professional Associations and Memberships

• Association of Southern California Defense Counsel
• National Health Lawyers Association
• California Society for Health Care Attorneys
• American Academy of Hospital Attorneys, American Hospital Association
• Southern California Association of Healthcare Risk Managers

Published Works

• "Withholding and/or Withdrawing Life Sustaining Treatment - Policies and Procedures", May, 1991
• "Malpractice Cap Limits Injury Compensation", Orange County Business Journal, Special Health Care Report, February, 1994
• "Keeping the Lid on Malpractice Damages", LACMA Physician, June, 1996
• "Healthcare Provider Liability . . . Some Wind is Taken Out of the Sails of MICRA", CC&F's Legal Update, Winter, 1991
• "Preserving the Integrity of MICRA's $250,000 Non-Economic Damages Cap", C&C's Legal Update, Summer, 1993
• "California Supreme Court Limits Hospital Employers' Liability for Employees' Sexual Misconduct", C&C's Legal Update, Spring, 1996
• Case Contributor, National Health Lawyers Association's Health Law Digest

Classes/Seminars Taught

• "Nursing Documentation," Fountain Valley Regional Hospital and Medical Center, Fountain Valley, CA, October 14, 2011
• “Depositions: Preparation Makes All the Difference,” Tenet Healthcare’s Annual Risk Management Quality Assurance Meeting
• "Legal Pitfalls of an Obstetrician's Practice", Mission & Community Hospitals of Huntington Park
• "Cardinal Rules of Depositions", Fountain Valley Regional Medical Center, Monterey Park Hospital
• "Informed Consent -- What Every Physician Needs to Know," Chapman Med. Ctr., Monterey Park Hosp., Santa Ana Hosp. Med. Ctr., Mission & Community Hospitals of Huntington Park, Tenet Health System, Western Med. Centers, Anaheim & Santa Ana, Fountain Valley Regional Hosp. & Med. Ctr., 1996
• "Medical Documentation-Your Best Defense", Western Medical Center, Anaheim, and Coastal Communities Hospital
• "OB Documentation-Your Best Defense", Placentia Linda Hospital
• "Medical Documentation-The Key to Your Defense", Western Medical Center, Santa Ana
• "The ABC's of Peer Review", Chapman Medical Center
• "The Medical Record Review", Western Medical Center, Anaheim
• "Legal Implications of VBAC Deliveries", Rancho Springs Medical Center
• "Medical Documentation and Consents", Coastal Communities Hospital
• "Informed Consent and DNR Orders", Placentia Linda Hospital
• "EMTALA: A Physician's Survival Guide", Western Medical Center/Santa Ana
• "Dynamite Documentation", Valley Hospital Medical Center, Las Vegas, Placentia-Linda Hospital
• "Disseminated Intravascular Coagulation Case Study", Tenet Healthcare Counsel Meeting, Scottsdale, Arizona
• "Managing the Risk - Prelitigation", Tenet's Regional Meeting of Directors of Risk Management and Quality Assurance
• "Avoiding Spoilation of Evidence Claims", Woodruff Community Hospital
• "Informed Consent -- Potential Physician Liability", Coastal Communities Hospital
• "Medical Documentation in a Hospital Setting", Fountain Valley Regional Hospital and Medical
• "The Medical Record: A Physician's or Nurse's Best Defense", Chapman Medical Center
• "Peer Review and California Evidence Code § 1157", Mission and Community Hospitals of Huntington Park