Orange County Medical Malpractice Lawyer
When we seek medical care, we do not want to imagine the possibility that we will become a victim of medical malpractice. In reality, the negligence and carelessness on the part of a treating doctor can and does happen. Medical malpractice occurs when a physician or other healthcare provider deviates from the standard of care when treating a patient and can take form as either an act or a failure to act by the treating physician or facility.
Our team of experienced attorneys at the Law Offices of Brent A. Duque has been taking on the challenge of complex medical negligence cases for many years. Our goal is to not only benefit our injured client, but also to change the medical practices within Southern California to prevent other patients from suffering similar negligence. We approach this critical task with the compassion and understanding our clients need in their time of suffering. We prepare and present the most aggressive case possible to maximize compensation for injured persons.
Statute of limitations
In California, the statute of limitations for bringing a claim in a medical malpractice is very strict. Special circumstances can limit the time you have to file a claim. If you believe you or a loved one was injured by the act or failure to act of a health care provider, you must move quickly. Our team of experienced attorneys know California Medical Malpractice Law and have been fighting these tough cases for many years. But your time to act narrows each passing day.
Our Orange County medical malpractice lawyers are among the best in their field and have concluded many multi-million dollar personal injury cases that involve medical malpractice filings. We are passionate advocates and treat our clients with the utmost 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
Medical malpractice claims generally result in 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 victim for their medical bills, additional medical equipment needed and even lost earnings as a result of the injury. There is no limit on economic damages. On the other hand, non-economic damages compensate an injured person for things that do not have a set amount attached, such as pain and suffering for permanent disfigurement and/or permanent disability and are limited to $250,000.
Litigating medical malpractice cases can be very overwhelming. They are complicated, time consuming and procedurally detailed. These cases are largely determined by testimony of expert witnesses who 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 victim claiming damages due to medical negligence must prove that the treating physician owed a duty of care to the patient, that the duty of care was “breached” and that the patient suffered an injury or death 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 below 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, injuries or death 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 understand how emotionally devastating it can be to suffer from medical malpractice. Our dynamic team offers compassion, professional legal judgment and aggressive legal representation in your tough injury litigation. Doctors, other medical professionals and hospitals must be held accountable when they are negligent. We know how devastating the consequences associated with medical negligence are. We come to court armed with our extensive knowledge, experience and resources, along with the best medical experts, available to overcome the complex medical malpractice litigation process to obtain fair and just compensation for victims and their families.
At the Orange 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 across Southern California. Time limitations apply to any claim you might have. For the 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 Orange 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.