If you were harmed by a medical error or a medical mishap worsened an existing medical condition, you may have the basis of a medical malpractice lawsuit. You might be eligible for financial compensation if you were hurt due to the negligence of medical facilities, medical laboratories, physicians, nurses, dentists, or anesthesiologists.
This list is in no way exhaustive. If you have been harmed by a healthcare professional in any capacity, a Prosper medical malpractice lawyer might be able to help you prove the medical and financial liability of the at-fault party.
Texas Medical Malpractice Laws
Texas Civil Practice and Remedies Code §74.251 typically limits your right to file a medical malpractice lawsuit to two years. Because you might find it difficult to pinpoint the exact date of a medical error or mishap, our team may work with you to establish the date of injury and ensure the timely filing of your lawsuit.
We take this part of your medical malpractice lawsuit seriously because failing to file your lawsuit in compliance with the statute of limitations might prevent you from filing it at all. In addition to interpreting and complying with this law, Texas has additional medical malpractice laws our team will ensure you fulfill.
Affidavit of Merit
In Texas, your potential lawsuit alleging medical malpractice must be supported by the opinion of another medical professional. Texas Civil Practices and Remedies Code §150.002 requires the filing of an Affidavit of Merit.
This document lays out the specific harm you suffered and the “action, error, or omission” made by the licensed medical professional. It also states that another similarly licensed and skilled medical professional agrees to the facts of your claim.
Our team may help you identify an expert witness and complete and submit your Affidavit of Merit. We might also be able to assist you in ensuring it is filed according to the state’s timeline.
Non-Economic Damage Caps
In some cases, specific types of recoverable damages you may be awarded are subject to damage caps—limits to how much monetary compensation you can receive. Texas Civil Practices and Remedies Code §74.301 may limit the amount of recovery you are entitled to for the non-economic damages portion of your lawsuit.
Potential damage caps include:
- $250,000 against a healthcare provider
- $250,000 against a healthcare facility
A Prosper medical malpractice lawyer may help you accurately value your non-economic damages, including pain and suffering, mental distress, and non-economic trauma.
Economic Recoverable Damages
In addition to the non-economic damages that you might be awarded in a medical malpractice lawsuit, you can also recover certain economic damages.
Accordingly, Texas Civil Practice and Remedies Code §41.001 allows you to recover:
- Current and future medical expenses
- Current and future income loss
- In-home medical and domestic care
Economic damages are fixed expenses that are directly related to your injuries and related losses. If you have additional tangible expenses related to your injuries, our team may help you include those in your compensation lawsuit as well.
Types of Medical Malpractice that Could Entitle You to Damages
A medical malpractice lawsuit might stem from a wide variety of medical errors. MedlinePlus data cites hospital errors as a primary cause of death.
Their research goes on to cite the following medical errors and mishaps that might entitle you to compensation:
- Surgical errors
- Missed diagnosis
- Medication errors
- Lab and other test reports
- Medical equipment failures
Keep track of your medical records and share them with our team members. We may be able to have them read and reviewed by medical experts and included as evidence in your case file.
Let Our Team Fight for Your Financial Recovery
We fight hard for our injured clients. When we represent you in your pursuit of financial compensation after suffering a medical mishap, our team members will:
- Deal with the at-fault party’s insurance provider
- Obtain, complete, and submit insurance forms
- Prove the at-fault party’s financial liability
- Accurately evaluate your potential lawsuit
- Consult required medical experts
At Underwood Law Office, we offer responsive legal support, the ability to check the status of your case online, and free consultations.
Build a Comprehensive Case File
Our client support team helps you compile and organize your evidence into a case file that supports your right to compensation. Our goal in building your case file is to establish the state of your health before and after the damaging treatment.
To establish medical neglect or to prove a medical error occurred, we may ask you for:
- A complete medical history
- Your prescribed treatment plan
- A list of prescribed medications
- Your detailed prognosis report
- A list of treatments you received
We may ask the reason for your initial healthcare concern and the names and contact information of every medical professional who treated your condition. Comply with any requests for information and let a team member know if you need help obtaining these documents.
Fight Back with a Prosper Medical Malpractice Lawyer
If you or someone you love was the victim of medical malpractice, you do not have to fight for financial recovery alone. When you are ready to file a medical malpractice lawsuit, contact the Underwood Law Office by calling (972) 316-4236. We will work to help you get the compensation you are entitled to due to medical neglect.