Medical malpractice can leave you with new injuries or a worse outcome that never needed to happen in the first place. If you were the victim of medical malpractice, your new medical expenses and other damages might be the responsibility of the negligent doctor or hospital that caused you harm.
Underwood Law Office represents medical malpractice victims in Richardson, Texas. We know the challenges accident victims face, from dealing with recovery to making decisions about seeking compensation and settling their case. When you work with a Richardson medical malpractice lawyer from our firm, we will help you with these decisions and take care of the legal work in your case.
Medical Malpractice Can Come in Many Forms
If a medical care provider or facility harms a patient through a negligent act, they may be liable for medical malpractice. Accordingly, the liable parties in this type of case may include:
- A doctor, physician, nurse, or another medical staff member(s)
- A hospital or clinic
- A dentist
- A pharmacist
Medical malpractice comes in many forms. In general, these cases may involve a patient who was injured by:
- A misdiagnosis or a failure to treat a patient according to medical standards
- A mishap such as wrong-site surgery or an administration of the incorrect medicine
- A provider’s failure to check for drug allergies or harmful interactions
- A premature discharge from the hospital or health care facility or inadequate follow-up care
- A surgeon or other provider administering the wrong kind of treatment
- A pharmacist giving a patient the wrong dosage of a medication
- A technical failure in a hospital’s imaging or testing equipment
- A medical staff’s failure to recognize symptoms or test for certain conditions based on symptoms
- An administrative error in a hospital’s patient records
These are not the only types of situations that may merit a medical malpractice lawsuit. For any situation where you think medical provider negligence harmed you, speak with a medical malpractice attorney from our firm. Our team can discuss the care you received, your injuries, and if we think you have a viable medical malpractice case.
For a free legal consultation with a medical malpractice lawyer serving Richardson, call (972) 535-6377
Proving That Medical Malpractice Occurred
The medical field is complex, and medical malpractice cases can be, too. Sometimes, the events that lead to medical malpractice can be challenging for people with no medical training to understand.
To address this complexity, Texas requires that plaintiffs in medical malpractice cases produce testimony from a qualified medical expert regarding their case. Per Texas Civil Practice and Remedies Code §74.351, this testimony must detail:
- What the standard of care was for the treatment you received
- How your provider did not meet this standard
- How that failure caused your injuries
Underwood Law Office can help obtain this medical expert testimony when we represent you. We will also work to prove that medical negligence was the cause of your injuries by gathering evidence such as:
- Medical records from your procedure
- Documentation of your injuries
- Statements from witnesses to the medical negligence
Make sure you keep any evidence you have related to your case, such as your medical records, photos or videos of your injuries, or communications you received from your providers. You should also keep track of any bills or receipts for your accident-related expenses to help calculate your damages.
Richardson Medical Malpractice Lawyer Near Me (972) 535-6377
The Damages You Could Receive in a Medical Malpractice Case
In general, medical malpractice victims may be able to recover the following types of damages:
- Medical expenses: You may be reimbursed for all costs of medical treatment stemming from your injuries. If your recovery or treatment needs are ongoing, your estimated future medical expenses can be claimed as well.
- Loss of income: If your injuries kept you away from work, the money you could have earned had you not been injured could be claimed.
- Loss of earning capacity: Some injuries force victims to change jobs or stop working altogether, allowing them to claim a loss of earning capacity.
- Loss of enjoyment of life: If your injuries permanently prevent you from engaging in your favorite activities, such as sports or certain social activities, you can claim loss of enjoyment of life.
- Disability: This applies if your injuries will permanently limit your physical or cognitive abilities.
- Pain and suffering: This type of damage may be available to people whose injuries caused them mental or physical agony.
You may be able to pursue other types of damages in your medical malpractice lawsuit that are not listed here.
How Much Compensation Can I Get From My Richardson Medical Malpractice Claim?
We must review the facts of your medical malpractice case before we can estimate how much compensation you may receive. Many factors impact the amount of compensation you may be entitled to, including your age at the time of the incident and the severity of your injuries.
The good news is Texas does not cap economic damages. But there is a cap for non-economic damages, like pain and suffering. According to Texas Civil Practice and Remedies Code § 74.301, a victim can receive up to $250,000 in non-economic damages against a single provider or health care facility and up to $500,000 against multiple providers or facilities.
We can calculate your economic and non-economic damages, taking these caps into account, to determine how much compensation we should pursue on your behalf.
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You Have a Limited Time to Pursue a Medical Malpractice Lawsuit
According to Texas Civil Practice and Remedies Code § 74.251, victims of medical malpractice generally have two years to file a lawsuit against the practitioner or facility that caused their injuries. This deadline is typically two years from the date of the medical malpractice incident that caused an injury. If the incident occurs during the continuous treatment with a provider, then the clock starts ticking after the last day of treatment.
However, this statute also extends the amount of time a victim may have to pursue compensation after suffering from medical malpractice. Depending on your situation, you may have up to 10 years to file a lawsuit. The court may reject any lawsuit filed after 10 years.
Your Richardson medical malpractice lawyer from Underwood Law Office can help you understand how the statute of limitations applies to your claim, including how it impacts your options for seeking justice and compensation. But the sooner you can start working with us, the more time we have to exhaust all of your legal options and build a strong case for you and your family.
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How We Support Our Clients
When you hire a Richardson medical malpractice lawyer from Underwood Law Office, you gain a professional ally in your fight for compensation. We aim to fully support our clients so that their time and energy can be directed toward their recoveries, not their legal issues.
In general, we help our clients by:
- Translating the legal process: We explain all applicable laws, legal options, and potential outcomes to our clients. We are always available to answer questions and provide updates on a case. While our clients reserve the right to make important decisions regarding their cases, we are happy to provide recommendations and legal advice.
- Providing representation: Representation means that we can speak to others and act in the place of our clients. Our clients can rest easy knowing they won’t have to take calls or feel off-guard while answering questions from the opposing side’s representatives.
- Building their case: Our firm handles all investigations and evidence-gathering for our clients. This includes hiring medical experts and calculating the value of their damages. Once we build the case, we can submit an insurance claim and/or lawsuit on their behalf.
- Filing all required paperwork promptly: Medical malpractice cases require extra steps plaintiffs must follow to correctly file a lawsuit. We must submit a notice to the defendants, who may include the physicians or facilities whose negligence caused your injuries, at least 60 days before filing the lawsuit. We also must submit our case to the state medical board for professional review. Your medical malpractice lawyer from our firm will make sure all documents are filed in full and on time.
- Fighting for compensation: We negotiate for a fair settlement after filing a claim or a lawsuit. If none is offered, we can take our clients’ cases to trial. We explain the lawsuit process to our clients and help them make informed decisions about their case if we go to trial.
We provide these services and more on a contingency fee basis. This means our clients do not pay a retainer or upfront fee. Instead, our legal fees come out of their settlement or court award if they win their case. If they do not win, we do not charge for our labor.
Call Underwood Law Office Today
If you have been a victim of medical malpractice, Underwood Law Office invites you to contact our firm for a free case review. We have helped clients all over Texas and West Virginia recover compensation and seek justice against negligent parties. We have won millions of dollars for victims, including those who suffered injuries due to medical malpractice.
A member of our team is standing by to take your call, answer your questions, and explain how a Richardson medical malpractice lawyer can serve you.
Call or text (972) 535-6377 or complete a Free Case Evaluation form