Lancaster Medical Malpractice Lawyer
When we need medical care, we never want to imagine ourselves falling victim to medical malpractice, but the sad reality is that physician can be negligent and careless, resulting in injury. Medical malpractice occurs when a doctor or other healthcare professional deviates from the determined standard of care when treating a patient and injury or death occur through either an act or a failure to act by the treating physician or facility.
We at the Lancaster Law Offices of Brent A. Duque understand the complexities of a medical negligence case. We also know that our job is to not only to benefit our client, but also to change medical practices within Los Angeles County to ensure that other patients are not subjected to similar negligence. We approach this important task with sympathy and compassion our clients need in their time of suffering, but also with a strong commitment to preparing and presenting the strongest case possible to maximize compensation.
Statute of limitations
The statute of limitations for any action that you may want to file claiming medical malpractice in California is very strict. The age of the victim, as well as other special factors, can limit the time you have to file a claim. If you or a loved one believe you were injured by the actiom or failure to take action by a health care provider, you must move quickly. Our team of attorneys understand the California Medical Malpractice Law through years of experience in fighting such cases.
Our Lancaster medical malpractice attorneys are among the best in their field and have successfully resolved many multi-million dollar medical malpractice filings. We are passionate about our role as advocates and treat our clients with complete respect and compassion. We are committed to utilizing all available legal advantages and tactics to successfully resolve your medical malpractice claim or your family’s wrongful death claim.
Medical Malpractice Damage Caps
When an injured victim brings their medical malpractice case in front of the court, they are generally seeking monetary damages to compensate for an injury or death. There are generally two classes of damages: economic damages and non-economic damages. Economic damages are compensatory in nature and fairly easy to calculate. Economic damages will compensate an injured person for such things as their medical bills and lost earnings. There is no limit on economic damages. On the other hand, 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 highly intricate, time-consuming and procedurally detailed. These cases usually hinge 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 victim 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 treating 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.
We offer compassion, dignity expert legal guidance and highly professional legal representation in complex injury litigation. Doctors, other medical professionals and hospitals must be held accountable when their negligence results in injury or death. We understand how devastating the consequences associated with medical negligence can be. 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.
At the Lancaster 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. Time limitations apply to any claim you might have, so for purposes of investigating a possible case and possibly preserving evidence, it’s best for you to contact us immediately after an injury or death.
Contact our Los Angeles County Personal Injury Attorney 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.