While litigation may not be the best option, it is important to work with an attorney who is willing to ensure the best possible outcome to your dispute.
A Personal Note from Rob Henry
To prove a medical malpractice case, your attorney will need to demonstrate you had a doctor/patient relationship with a healthcare professional, that the healthcare professional acted negligently and that you suffered harm as a result of the negligence.
Introduction to Medical Malpractice
When a patient suffers harm due to the negligence of a healthcare professional, under Texas law they have the right to file a civil lawsuit to recover financially. Texas law requires lawsuits for medical malpractice to be filed within two years of the date the negligence occurred.
There are exceptions to the statutes of limitations because Texas also recognizes what is known as a statute of repose. This statute allows victims to file a lawsuit for up to ten years. It is imperative to talk to your personal injury attorney immediately upon learning you have suffered harm that you believe is a result of medical malpractice.
Frequently Seen Malpractice Claims
Some of the common types of malpractice claims include:
- Failure to diagnose
- Surgical errors
- Malpractice during pregnancy and childbirth
- Mistakes with medications including prescribing and administering
There are financial caps on non-economic losses which includes pain and suffering, anxiety or other losses that cannot be assessed a dollar value. There are no current caps on economic claims such as loss of current and future wages or medical costs.
Every year, people suffer untold harm because a medical professional missed symptoms or misdiagnosed an illness. When you are a victim of medical malpractice, you have the right to hold your medical professional accountable for harm they have caused you or a loved one.
Working with a medical malpractice attorney who knows which experts are necessary to prove your case is important, you should contact an attorney immediately upon learning you have a problem that could have been avoided if you had received proper medical attention and care.
Overwhelmed and just want to talk?
It can be difficult to know what to do next. Seeking the advice of an experienced attorney in the field is the next step for many folks.
It can be difficult to know what to do next. Seeking the advice of an experienced attorney in the field is the next step for many folks.
