According to Studies in Health Technology and Informatics, more than a quarter of a million people in the United States may be killed in medical malpractice incidents every year. Many more are left with chronic, life-changing injuries. Understandably, most people hold doctors, nurses, and other medical specialists in high esteem and expect them to perform their duties to a reasonable standard of care.
But unfortunately, medical malpractice can occur when one of these healthcare providers, through a negligent action or oversight, causes injury to a patient. If you believe you’ve been the victim of medical malpractice, our personal injury lawyers at Underwood Law Office can help you hold a negligent health professional accountable and secure compensation for your losses. A Frisco medical malpractice lawyer from our firm can handle your entire case.
Doctors Are Not Always as Careful as They Should Be
When your body does not work as it should, you depend on your doctor for help, treatment, and support. They, in turn, may refer you to a specialist if the problem is serious enough. You rely on such medical professionals to properly diagnose your condition, suggest possible treatments, alleviate symptoms, and provide follow-up care—in short, do everything necessary to get you back on your feet.
So, what happens if your doctor fails to provide the quality of care you need and expect? You may have a case of medical malpractice. If you can prove your case against your doctor or the medical facility you went to, you may receive compensation to pay your medical expenses, household bills, and much more.
Under Texas Civil Practice and Remedies Code §74.251, you have two years to file a lawsuit in a medical malpractice case. If you experienced medical malpractice in Frisco, Texas, do not hesitate to call Underwood Law Office and learn what our Frisco medical malpractice lawyer can do for you.
Compensatory Damages for a Frisco Medical Malpractice Case
Even before you hire a lawyer, you probably have at least a rough idea of the types of damages you want to sue for. When you file your lawsuit, you must be as specific as possible.
A lawyer can help you determine your list of damages and calculate their value and demonstrate how the alleged medical negligence occurred. In the meantime, you can find some examples of different types of damages below. These may help you as you are putting your list together.
Personal Injury Lawsuits
If you are suing on your behalf—in other words, you are the primary victim of the malpractice—then you are filing a personal injury lawsuit.
Your injuries may entitle you to economic damages (financial harm) and non-economic damages (physical and/or mental harm). Examples of economic damages are:
- Medical expenses: Your malpractice injuries were so severe that you needed additional medical care to undo and/or mitigate the damage.
- Loss of wages: You had to take time off work, cut back on working hours, or accept a lower-paying position while your injuries healed.
- Loss of employment: Your employer fired you because your injuries prevented you from doing your job responsibilities, or you had to retire because your injuries keep you from doing your job well.
- Costs of household services and home medical equipment
Examples of non-economic damages include:
- Pain and suffering: Your injuries caused you physical and emotional pain, or the malpractice itself was traumatic.
- Disability: You will never regain the full range of physical or intellectual abilities you once had.
- Scarring and disfigurement
- Loss of consortium: Your relationship with your spouse suffered because of the malpractice.
In extreme cases, experiencing an injury due to a medical error or omission can lead to permanent damage and seemingly endless treatment. In addition, it can have many financial, physical, and emotional effects on victims that warrant compensation.
Therefore, those who’ve been adversely impacted by medical malpractice should consider consulting with an attorney to determine the damages they might be eligible to receive.
Wrongful Death Lawsuits
If you are suing on behalf of a loved one—in other words, your loved one was the victim of the malpractice and died from their injuries—then you are filing a wrongful death lawsuit.
As with personal injury suits, you may be eligible to recover economic and non-economic damages. You could even qualify for many of the same types of damages already discussed (e.g., medical expenses or pain and suffering). In addition, wrongful death may entitle you to damages such as:
- Loss of companionship: Your loved one was a vital source of support and strength.
- End-of-life expenses: You had to make sure your loved one was laid to rest and that their affairs were put in order.
- Loss of financial support: Your loved one’s income helped you pay your bills and maintain your lifestyle; supporting your family will be much tougher without it.
How Our Frisco Medical Malpractice Lawyer Can Help with Your Case
There are many potential benefits of retaining an attorney for a medical malpractice case, including the following:
If Negligence Occurred, We Can Prove It
Although instances of medical malpractice can lead to personal injury, different laws govern them. Moreover, medical malpractice is the cause, and personal injury is the effect. Medical malpractice law requires the claimant to prove that a health provider’s alleged negligence is the direct cause of the patient’s injury.
In these claims, lawyers are tasked with collecting evidence, investigating your allegations and case facts, and using their expertise to prove the following four elements are true of your case:
- Duty of Care: The healthcare provider or defendant in the case owed a legal duty of care to the claimant.
- Breach of Duty: The healthcare provider’s actions diverged from or failed to meet (breached) the legal standard of care owed to the claimant.
- Causation: The healthcare provider’s breach of the legal standard of care was the express cause of the claimant’s injury.
- Damages: The claimant incurred damages due to their injuries.
Evidence of negligence, medical records, and other vital information your attorney uncovers will help them determine if your claim is viable and, if so, what avenues you could take to seek compensation.
We Have Access to Medical Experts as Witnesses
In addition to physical proof and documentation, expert witnesses’ professional opinions can positively impact a medical malpractice claim. An attorney can help you locate medical experts who will add credibility to your case and testify on your behalf.
Based on their extensive medical experience and knowledge, expert witnesses can provide technical, healthcare-specific insight to help demonstrate that negligence occurred.
We Help Clients Reach a Settlement
Medical malpractice attorneys can help you communicate with claims adjusters and handle settlement negotiations. Not all these cases are taken to trial, and in many cases, it is beneficial to negotiate a settlement before involving the court. We can also help you determine if a settlement offer is fair, depending on the extent of your injuries and losses.
A Frisco Medical Malpractice Attorney from Our Firm Can Fight for the Money You Deserve
Whether you are filing for a personal injury or wrongful death, an attorney can make the process easier. You have enough to deal with right now, so let us take care of legal matters such as:
- Collecting evidence: We can strengthen your case with corroborating evidence from medical records, expert testimony (e.g., a doctor), and more.
- Calculating damages: As already mentioned, if you want someone to help you calculate the amount of money you may qualify for, a lawyer can do so.
- Being an intermediary: If you do not want to talk to the liable party or their representatives, you do not have to. Your lawyer will handle all communications.
- Negotiating a settlement: To make sure you receive the maximum possible compensation, we will work out an agreement with the liable party’s insurance company.
- Scheduling a trial: In cases where a trial is the only way to get fair compensation, we take care of all the arrangements and represent our clients in court.
Make Sure You Seek Medical Care
After suffering from medical malpractice, make sure you have another doctor diagnose and treat your injuries. This is important for not only your health but also your case. Medical documentation can help our Frisco medical malpractice team accurately assess your losses, including future medical expenses.
It can also help our legal team tie your injuries to a medical professional’s error. Protect your case and your health by seeking medical care. Also, make sure to follow through with any prescribed treatment plan. You don’t want to give an insurer any room to undervalue or deny your claim.
Call Today for Your Free Consultation and Learn More About How a Frisco Medical Malpractice Lawyer Can Help
At Underwood Law Office, we know that money may be tight for you right now. To ensure that everyone who wants legal representation can afford it, we work on a contingency basis. This means you owe us no fees until you receive compensation.
Recovering from medical malpractice is always hard. Underwood Law Office can help you fight for the money that is rightfully yours.
Call us to find out what our medical malpractice lawyer can do in your case in the Dallas-Fort Worth metro area. A member of our team is ready and waiting to take your call.