Los Angeles County Medical Malpractice Lawyer
When we go to a doctor or hospital for medical care, we never want to imagine that we may become a victim of medical malpractice. However, the reality is that a physician can be careless and negligent, resulting in injury. Medical malpractice occurs when a doctor or other healthcare professional deviates from the determined standard of care when treating a patient, resulting in injury or death through either an act or a failure to act by the treating physician or facility.
At the Law Offices of Brent A. Duque, our attorneys understand the challenges of a complex medical negligence case. We also know that our job is to not only to benefit our client, but also to change medical practices within LA County to ensure that other patients are not subjected to this type of 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 time limit for filing an action 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 action 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 successfully fighting such cases.
Our Los Angeles County medical malpractice attorneys are among the best in their field and have successfully resolved numerous multi-million dollar medical malpractice filings. We are passionate about our role as advocates and treat our clients with the utmost respect and compassion. 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 satisfaction.
Medical Malpractice Damage Caps
When an injured plaintiff brings their medical malpractice case in front of the court, they are typically seeking monetary damages to compensate for an injury or death. There are 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 due to an inability to work. 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 complicated, time consuming and procedurally detailed. These cases usually depend heavily 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
Any person claiming damages due to medical negligence must prove that the doctor owed a duty of care to the patient, that the duty was “breached” and that the patient suffered an injury as a direct result of the breach.
* Breach of Duty
A breach of duty is proven 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 may 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 legitimate 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 may result in either economic or non-economic damages. An experienced lawyer can review the differences with you and explain the strength of your case.
At the Law Offices of Brent A. Duque, we offer expert legal guidance and highly professional legal representation in complex injury litigation. We truly believe that doctors, other medical professionals and hospitals must be held accountable when their negligence results in injury or death. We understand how heartbreaking 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 Los Angeles County 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 the Los Angeles County law office of Brent A. Duque at 877-241-9554 for a free consultation and case evaluation. You can even use our online contact form, and we’ll reply to you quickly.