San Bernardino Medical Malpractice Lawyer
As a patient, we have no choice but to trust the care our doctors are providing. Although we never want to imagine that we may ever become the victim of medical malpractice, the reality is that carelessness and negligence on the part of a physician can and does happen each year throughout the United States. Medical malpractice occurs when a healthcare provider deviates from the standard of care when treating a patient and injury results. It can occur through either an act or a failure to act by the treating physician or facility.
At the San Bernardino Law Offices of Brent A. Duque, we take on the complexities of a medical negligence case to not only benefit our client, but also to change medical practices within Southern California to ensure that other patients will not suffer from this kind 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 statute of limitations for filing a medical malpractice lawsuit is very strict. Many special factors can affect the time limit for seeking restitution. Those who believe they were injured by the act or failure to act of a health care provider must move quickly. Our experienced team of attorneys know California Medical Malpractice Law and have spent many years fighting such cases. But your time to act narrows very passing day.
Our San Bernardino medical malpractice lawyers are among the best in their field and have resolved many multi-million dollar personal injury cases that involve medical malpractice claims. As advocates for injured parties, we treat our clients with complete dignity, 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 a party claiming medical malpractice brings their case in front of the court, they are 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 party for such tangible things as 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 time consuming, highly complex and procedurally detailed. These cases are usually determined by testimony of expert witnesses who are brought forth to explain the standard of care relative to the conduct alleged of the defendant(s).
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 highly professional legal representation with compassion and dignity. Doctors, other medical providers and hospitals must be held accountable for their negligence, especially when it results in injury or death. We understand the devastating 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 San Bernardino Law Offices of Brent A. Duque, we maintain a staff of a knowledgeable, highly professional, 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 San Bernardino 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.