When you visit the hospital, the last thing you expect is to leave in worse shape than when you came in. Unfortunately, this has become a sad reality for countless citizens of Denton over the years. Despite their outward appearances, hospitals, clinics, and doctors’ offices can be dangerous places when healthcare providers fail to follow their own guidelines.
Thankfully, if you have been put in harm’s way during a medical visit, you may be entitled to compensation for your pain and suffering. Texas has legislation in place to protect you when you fall victim to medical negligence. Also, by retaining a medical malpractice lawyer at our firm serving Denton, you can rest easy while our team of attorneys fights to get you the compensation you deserve.
In This Article
- Proving Medical Malpractice
- Seeking Compensation in a Medical Malpractice Claim
- Who Can be Held Liable in a Medical Malpractice Claim?
- Statute of Limitations on Medical Malpractice Claims
- Contact Our Attorneys Today
Proving Medical Malpractice
In the eyes of the law, medical malpractice is the basic concept of wrongdoing in the healthcare profession. If your injuries can be linked to a medical professional’s direct action (or inaction), your case might qualify as medical malpractice.
To win your case, you need to prove that:
- The healthcare provider was responsible for your safety
- They betrayed their responsibilities
- You suffered losses as a result of their actions
Medical professionals have certain standards that they are required to uphold, otherwise known as a “reasonable standard of care.” To legally practice in the medical field, a physician must be aware of these standards and safety practices.
In short, medical professionals should be knowledgeable enough to prevent these sorts of accidents from happening. Therefore, a healthcare worker’s actions might qualify as negligence in civil court if they caused you to get hurt.
Damages You Could be Entitled to
Medical malpractice is a general term used to describe countless types of negligence. Some forms of medical malpractice include:
- Performing surgery on the wrong area of the body
- Surgical mistakes
- Causing wounds to get infected
- False test results
- Giving dangerous or ill-advised advice about medical conditions
- Prescribing dangerous medications (including over-prescribing)
- Discharging patients before they are fully healed
- Improper diagnoses or missed diagnoses
- Ignoring the symptoms of serious health conditions
- Ignoring the implications of previous health conditions
- Birth injuries
- And more
Hospitals and clinics are responsible for keeping you safe from physical harm and keeping their premises clean so you do not contract a disease or infection. Overall, medical care is an extremely delicate and complicated process. When someone ignores their responsibilities, you may be within your rights to file a lawsuit against them.
Seeking Compensation in a Medical Malpractice Claim
Under Texas law, if you are a victim of medical negligence, you could seek compensatory damages that allow you to recover the financial losses you have suffered from your injuries. Additionally, you can seek more abstract damages that address your mental suffering and impaired quality of life, otherwise known as non-economic damages.
Overall, you may be eligible to collect damages related to many different forms of losses. These recoverable damages include:
- Medical expenses
- Lost wages
- Damaged property
- Mental anguish
- Physical pain
- Loss of consortium
- Assistance with disabilities
The Non-Economic Damages Cap
While the courts do not set limits on compensatory damages, there is a cap on the amount of compensation you can receive for your non-economic losses. According to Texas Civil Practice and Remedies Code §74.301, there is a limit of $250,000 in non-economic damages (per claimant) when you seek compensation from a doctor or healthcare provider. This monetary limit does not apply to healthcare institutions.
Numerous laws impact your medical malpractice claim. Retaining a Denton attorney familiar with medical malpractice law from Underwood Law Office could allow you to focus on the more important things in life. Let us use our legal experience to build your case within the bounds of the law.
Who Can be Held Liable in a Medical Malpractice Claim?
Given the broad nature of medical negligence, you can file a medical malpractice claim against a single person, multiple people, and entire organizations. If your case makes it to civil court, the presiding judge and jury will determine who exactly should be held liable.
Parties that can be held liable in medical malpractice claims include:
- X-ray technicians
- Urgent care clinics
- Emergency rooms
- Private practices
- Nursing homes
- Specialized care facilities
Statute of Limitations on Medical Malpractice Claims
Medical malpractice claims can take months, even years, to settle. Even so, you should always wait to seek compensation until you have a clear perspective on your injuries. Just keep in mind that there is a pre-established time limit of two years on filing medical malpractice claims under Texas Civil Practice and Remedies Code §74.251.
Contact Our Attorneys Today
You do not have to go through this alone. To start learning more about your rights in a medical malpractice claim, contact an Underwood Law Office representative today at (972) 535-6377 to receive your free consultation. We cannot start looking for evidence and fielding calls from pushy insurance adjusters until you call us.