Temecula Medical Malpractice Lawyer
When we trust a doctor with our medical care, we do not imagine ourselves becoming the victim of medical malpractice. However, in reality, the negligence and carelessness on the part of a physician can and does happen each year across the country. Medical malpractice occurs when a doctor or other healthcare professional deviates from the standard of care when treating a patient. This can take form as either an act or a failure to act by the treating physician or facility.
The team of experienced attorneys at the Temecula 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 to change the medical practices within Riverside County to prevent other patients from suffering similar carelessness and negligence. We approach this very important undertaking with the sympathy and understanding our clients need in their time of suffering. We prepare and present the strongest case possible to maximize compensation for injured persons.
Statute of limitations
The statute of limitations for filing a medical malpractice action in California is very strict. The age of the victim, as well as other special circumstances can limit the time you have to file a claim. If you believe you were injured by the act or failure to act of a health care provider, you need to move quickly. Our team of attorneys know California Medical Malpractice Law through years of experience in fighting such cases. But your time to act narrows each passing day.
Our Temecula medical malpractice lawyers are among the top of their field and have successfully resolved many multi-million dollar personal injury cases that involve medical malpractice filings. We are passionate about our role as advocates and treat our clients with complete respect and compassion. We are committed to utilizing all available legal advantages and tactics to successfully resolve your medical malpractice or your family’s wrongful death lawsuit.
Medical Malpractice Damage Caps
When a party claiming medical malpractice brings their case in front of the court, they are typically seeking monetary damages to compensate for the injury or death that resulted from negligence. 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 is highly complex and procedurally detailed. These cases are usually determined by 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
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.
Our team offers compassion, professional legal judgment and aggressive legal representation in complex injury litigation. Doctors, other medical professionals and hospitals must be held accountable when they are negligent. We understand the devastating consequences associated with medical negligence. We use our knowledge, extensive 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 Temecula 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 Riverside 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.