Westminster Medical Malpractice Lawyer
While the instances of medical malpractice are relatively rare, the physician negligence and carelessness can and does happen. When a healthcare provider deviates from the standard of care when treating a patient, a medical malpractice case can result either through an act or a failure to act by the treating physician or facility.
At the Westminster Law Offices of Brent A. Duque, we have the experience needed to take on the challenge of a complex medical negligence case to bring reparations to our client and to change medical practices within Southern California to ensure that other patients will not suffer from such negligence. We approach this necessary task with the compassion and understanding our clients need in their time of hardship, but also with a tenacious commitment to preparing and presenting the strongest case possible to maximize compensation.
Statute of limitations
If you have been the victim of medical malpractice in or around Westminster, California, you need to know that the statute of limitations for bringing an action is very strict. The age of the victim, as well as other special circumstances can limit the time you have to file a claim. It is important to act quickly to ensure that you file in plenty of time. Our team of experienced attorneys know California Medical Malpractice Law and will help you through this difficult time.
Our Westminster medical malpractice lawyers are among the best in their field and have resolved many multi-million dollar medical malpractice and other personal injury filings. We take our role as advocate seriously and treat our clients with the respect and compassion they need and deserve. We are committed to pursuing all available legal 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 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.
We offer compassion, sound legal judgment and aggressive, yet highly professional, 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 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 Westminster 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 Attorneys 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.