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 Denton medical malpractice lawyer at Underwood Law Office, you can rest easy while our team of personal injury attorneys fights to get you the compensation you deserve.
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 because 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 harm.
We Will Secure Expert Testimony to Demonstrate Medical Malpractice
Texas law requires victims of medical malpractice to submit an expert report by someone who can testify that the medical professional who caused your injuries was negligent. If you pursue a case against multiple practitioners, you must get an expert report for each professional.
This requirement is one thing that makes medical malpractice cases so complex. It can also be time-consuming to search for a relevant and trusted expert, request their testimony, and then review it for the case. A Denton medical malpractice lawyer can from our firm can handle this process for you so you can focus on recovery.
Types of Medical Malpractice Our Firm Has Seen
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, like failing to remove instruments and other foreign objects from the surgical site
- Causing wounds to get infected
- Providing and acting on 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, including allergies
- Patient neglect
- 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 Denton County 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:
- Injury-related medical expenses, including those you may have in the future for ongoing treatment
- Lost wages and diminished earning potential
- Damaged property
- Mental anguish and PTSD
- Physical pain
- Loss of consortium
- Assistance with disabilities
We can calculate your economic damages by reviewing medical bills, getting projections for future medical costs, analyzing paystubs to understand lost income, and more. But we can’t give you an estimate of how much compensation you can get until we review the specific facts of your case, such as:
- How old you were at the time of the incident
- The severity of your injuries
- The number of at-fault parties
The Non-Economic Damages Cap
While the courts do not set limits on compensatory (economic) 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. You are limited to up to $500,000 when seeking a medical malpractice case against multiple facilities.
Numerous laws impact your medical malpractice claim. Retaining a Denton lawyer 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
To build your case, a Denton lawyer from our firm will identify which medical professionals were negligent while treating you and in what ways. We can also link the actions (or inaction) of multiple practitioners and facilities when it seems more than one person contributed to your injury. In addition, we will notify all at-fault parties named in the case before the deadline, per Texas law.
Statute of Limitations on Denton Medical Malpractice Cases
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 for filing medical malpractice lawsuits under Texas Civil Practice and Remedies Code §74.251.
Underwood Law Office Can Handle Your Medical Malpractice Case
Underwood Law Office has helped recover hundreds of millions of dollars for our clients, including those suffering from medical malpractice injuries. We’re also familiar with the aggressive tactics that malpractice insurance companies will use to undermine your claim and make it hard to get the compensation you need.
We know that you and your family are in pain, which is why we’re prepared to take on many important tasks in pursuing compensation for you. Here’s how we’ll do it:
- Collect and review evidence of your injuries
- Investigate potential negligent parties
- Consult with expert witnesses
- Handle all communications with insurance companies
- Calculate your malpractice injury-related damages
- File a medical malpractice claim with the provider’s or facility’s insurance company
- Negotiate a settlement that meets your needs
- Pursue a medical malpractice lawsuit and represent you in court, if necessary
Don’t let the cost of an attorney keep you from seeking justice and compensation. We take many cases on a contingency-fee basis. So, you don’t owe us anything up front, and we collect our payment once you’re awarded a settlement.
Work With Our Denton Medical Malpractice 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 to receive your free consultation. We cannot start looking for evidence and fielding calls from pushy insurance adjusters until you call us.