The Process of Filing a Lawsuit for Medical Malpractice in Texas
Explained by the Attorneys at our Law Offices
Explained by the Attorneys at our Law Offices
Any kind of medical professional or provider can be sued for medical malpractice in the event that his or her actions or inaction cause injury to a patient due to negligence or carelessness. The purpose of filing a medical malpractice claim is to seek compensation for a patient’s injuries.
Parties that can be considered liable for medical practice include, but are not limited to, the following medical professionals:
Medical Malpractice Accident?
Our Law Offices Can Help
The attorneys at our Law Offices have been successfully litigating personal injury claims for over 20 years. During this period of time we have won millions and millions of dollars in settlements for our Texas clients from major insurers throughout the United States. These huge insurance companies are well aware of our outstanding track record and often today will seek to settle out of court rather than face our tenacious attorneys in front of a jury. This of course may be beneficial to you, allowing you to send less time involved in the whole legal process and enabling you to receive your settlement check even faster. Thus you will be able to return more quickly to your regular day to day life.
If you or a loved one has suffered a personal injury due to someone else’s negligence, contact our Law Offices today. We are available to you 24 hours a day and are pleased to offer a complimentary consultation. Our team of attorneys are looking forward to discussing your case with you and to answering all of your specific questions.
The Process Starts Like This
A patient feels he or she has suffered some sort of injury or further illness due to the negligence of a medical professional.
The patient sees another doctor who specializes in the relevant type of medicine for a second opinion. During the second opinion appointment, the patient can consult with the new doctor to determine whether the first doctor’s actions or inaction is consistent with the standard of care set by other doctors in his or her field.
If the second opinion confirms that the defendant acted negligently, the plaintiff then contacts the defendant’s insurance company to file the malpractice claim.
At this point the attorneys on both sides of the case proceed to discovery. During discovery, the lawyers for both the plaintiff and the defendant will meet and discuss their options. Generally, this part of the process includes taking depositions, gathering documents that illuminate the case, and conducting interviews with expert witnesses who can explain the complexity of the subject matter. Gathering the right expert witnesses can be a key factor in a claim’s success.
If a settlement that is agreeable to all cannot be reached in the discovery phase the case will go to trial. Going to trial can be risky because current laws in the state of Texas heavily favor the doctor over the injured party, and the burden is on the plaintiff to meet specific evidentiary criteria for the case to be given any consideration, much less fair consideration. Thus, especially if you intend to go to trial, it is of the utmost importance to have an experienced medical malpractice litigation attorney championing your case.
The Common Pitfalls
Under current tort reform, the cap on general damages in a medical malpractice claim is $250,000.
General damages include compensation for things like emotional turmoil, mental anguish, physical pain and suffering, and disfigurement.
There is no cap on special damages.
Special damages include costs like medical bills and lost wages. In most cases this merely allows you to break even because a large portion of the special damages awarded go straight back to the doctor for the medical treatment.
There is Still Hope
The attorneys at our Law Offices are poised and ready to build you a strong case and go on the attack to ensure you recover the largest amount of compensation possible.
We have extensive experience investigating a patient’s injuries and calculating the true amount of damages our clients should receive. Using this knowledge we put together the most comprehensive case possible, gathering testimony of expert witnesses, and ensuring that the liable parties are held responsible for their negligence.
Winning numerous cases in this category over the last 20 years, we have built a solid reputation in the healthcare and insurance community that allows us to negotiate generous settlements without having to make you spend a moment in court.
If you or a loved one has been injured by the negligence of a medical professional, don’t just look the other way. The resulting physical and mental trauma, as well as the related additional medical expenses can quickly get beyond your control. Negotiating a successful settlement in a medical malpractice suit can bring emotional closure and economic relief.
Call our Law Offices today, and we can help you begin the legal part of the healing process.
Contact Our Dallas Law Offices, Today
When our Dallas clients come to us, they are often in a state of shock and confusion. We understand that this is a difficult time for injured victims and their loved ones, particularly if they are experiencing pain and suffering due to their injuries. We want you to focus on getting better, while we work diligently on your case.
Contact our Texas law offices today to find out how we can help you with your case. We are here to help you gain a better understanding of your options, so you get the best outcome for your specific situation.