La Mirada Medical Malpractice Lawyer
If you or a loved one have been injured due to the negligence of a physician, you may have a case of medical malpractice. When a healthcare provider deviates from the standard of care when treating a patient, either through an act or a failure to act, the injured patient may be a victim of medical malpractice by the treating physician or facility.
At the La Mirada Law Offices of Brent A. Duque, we understand the complexity of medical negligence cases. We strive to benefit not only our client, but also to change medical practices within Los Angeles County to ensure that other patients will not suffer from similar negligence in the future. We approach the process with sympathy and compassion for our clients while fighting hard to maximize compensation to help ease the emotional and financial burden attached.
Statute of limitations
As with any legal case, the statute of limitations in medical malpractice cases is very strict. Many factors can limit the time you have to file a claim, meaning that you must move quickly. Our team of attorneys are experts in California Medical Malpractice Law and have years of experience in fighting such cases. But your time to act narrows as time passes.
Our La Mirada medical malpractice attorneys are among the best in their field and have successfully resolved many multi-million dollar personal injury cases that involve medical malpractice injuries. We are passionate about our role as advocates and treat our clients with the respect and compassion they deserve. We are committed to utilizing all available legal advantages and tactics to resolve your medical malpractice claim or your family’s wrongful death claim to your satifaction.
Medical Malpractice Damage Caps
When a medical malpractice lawsuit is brought to court, the plaintiff is typically seeking monetary damages to compensate for the injury or death. There are generally two classes of damages: economic damages and non-economic damages. Economic damages are compensatory in nature and will compensate an injured person for actual financial damages such as medical bills and lost earnings. There is no limit on economic damages. Non-economic damages compensate an injured person for pain and suffering for permanent disfigurement and/or permanent disability and are limited to $250,000.
Litigating medical malpractice cases is very complicated and procedurally detailed. These cases usually rely on the testimony of expert witnesses. At time of trial, these experts explain the standard of care relative to the conduct alleged of the defendant(s) unless negligence is obvious to the layperson.
The injured person is required to prove these 4 elements
* Duty of Care
A person claiming damages due to medical negligence must prove that the doctor owed a duty of care to the patient, that the duty of care was “breached” and that the patient suffered harm as a direct result of the breach.
* Breach of Duty
A breach of duty is shown by a deviation from the standard of care. When a physician does not act diligently at the necessary stage and delivers treatment lower than the standard of medical care, he/she could be found guilty of breach of duty.
* Proximate cause
A proximate causal connection must be shown between the allegedly negligent conduct and the damages claimed. When a patient suffers damages or injuries that occurs primarily because the doctor breached his/her duty, the client has a solid case under proximate cause (also referred to as Contiguous cause).
A breach of duty and deviation from the standard of care that results in injury or death might result in either economic or non-economic damages. An attorney can review the differences with you and explain the strength of your case.
At the La Mirada Law Offices of Brent A. Duque, we maintain a staff of a highly professional, knowledgeable, aggressive and successful medical malpractice attorneys who represent injured people through our offices that stretch across Southern California. We offer compassion, sound legal advice and aggressive legal representation in difficult injury litigation. We truly believe that doctors, medical professionals and hospitals must be held accountable for any negligence. We understand the devastating consequences associated with medical negligence. We use our extensive knowledge, experience and resources, along with the best medical experts, available to overcome the complicated medical malpractice litigation process to obtain fair and just compensation for victims and their families.
Contact our Los Angeles County Personal Injury Attorneys at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.