Newport Beach Medical Malpractice Lawyer
Medical malpractice claims thousands of victims per year across the United States through either an act or a failure to act by the treating physician or facility. When a healthcare provider deviates from the standard of care when treating a patient and this negligence results in injury, the victim may be able to bring forth a case of medical malpractice.
At the Law Offices of Brent A. Duque, we know how challenging a medical negligence case can be. We also know that a positive result will not only benefit our client, but will also bring about important changes to the medical practices within Orange County to ensure that other patients do not face the same fate as a result of negligence. We face this incredible task head on and provide our clients with sympathy and compassion they need in this time of suffering. We are also guarantee our strong commitment to preparing and presenting the strongest case possible to maximize compensation to assist with the financial burden that will likely follow.
Statute of limitations
As with any legal proceeding, the statute of limitations for bringing an action for medical malpractice is very strict. A wide variety of special circumstances can limit the time you have to file a claim. Those who believe they were injured by the action or failure to take action on the part of a health care provider, must act quickly. Our team of lawyers understand California Medical Malpractice Law through years of experience in litigating such cases. But your time to act narrows each passing day.
Our Newport Beach medical malpractice attorneys are among the best in their field and have resolved many multi-million dollar personal injury cases that involve medical malpractice filings. We take our role as advocates very seriously and treat our clients with complete respect and dignity. We are committed to utilizing every available legal advantages and tactics to successfully resolve your medical malpractice claim or your family’s wrongful death claim.
Medical Malpractice Damage Caps
When bringing forward a medical malpractice suit in front of the court, the injured party is usually hoping to get 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. For example, economic damages will compensate an injured person for 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 will be time consuming, procedurally detailed and highly complex. These cases are usually determined by testimony of expert witnesses. At trial, these experts will 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.
We offer compassion, sound legal advice and highly professional legal representation in complex injury litigation. Doctors, other medical professionals and hospitals need to be held accountable when they are negligent. We understand the life-altering 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.
At the Newport Beach 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 Orange 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.