Pomona Medical Malpractice Lawyer
While we never want to think of the possibility that we can be injured during a medical procedure, physician negligence and carelessness can and does happen. When a patient is injured because a healthcare provider deviates from the standard of care, a medical malpractice lawsuit may be the only way to recover damages. Medical malpractice can occur either through an act or a failure to act by the treating physician or facility.
At the Pomona Law Offices of Brent A. Duque, our years of experience pursuing complex medical negligence cases have benefitted not only our client, but has also brought change to medical practices within Los Angeles County to ensure that other patients will not suffer the same fate. We approach this important task with the understanding and compassion our clients need in their time of suffering. We are committed to preparing and presenting the strongest case possible to maximize compensation to help ease the financial burden of such injuries.
Statute of limitations
The statute of limitations for bringing a medical malpractice lawsuit in California is very strict. The age of the victim, as well as other special factors can limit the time allowed to file a claim. Those who have been injured by the act or failure to act by a health care provider must move quickly. Our knowledgeable team of attorneys know California Medical Malpractice Law through years of experience in fighting such cases. But your time to act begins to diminish with each passing day.
Our Pomona medical malpractice lawyers are among the top of their field and have fought and won many multi-million dollar personal injury cases that involve medical malpractice filings. Our role as advocate is one we take very seriously and we treat our clients with complete dignity 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
There are two classes of damages in a medical malpractice lawsuit: 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 is procedurally detailed and highly complex, requiring the guidance of an experienced professional. These cases are usually 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 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.
During this very overwhelming time, we offer compassion, professional legal guidance and aggressive, yet highly professional, legal representation in complicated injury litigation. Doctors, other medical professionals and hospitals must be held accountable for their negligence. We understand the overwhelming consequences associated with medical negligence. We use our extensive knowledge, experience and resources, along with the best medical experts, available to overcome the difficult medical malpractice litigation process to obtain fair and just compensation for victims and their families.
At the Pomona 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.