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 from the date the incident occurred or two years from when you discovered the malpractice took place. 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 can also evaluate whether special conditions regarding the statute of limitations apply to your case.
- Exceptions for minors: If your child was less than 12 years old when they suffered injury or illness from medical malpractice, you may have more than two years to file a lawsuit. In general, you can file any time before the child turns 14.
- Statute of repose exception: The statute of repose gives certain victims up to 10 years from the date of the incident to file a medical malpractice 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 who is in the same or related field or specialty and has experience with the condition you were being treated for. 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.
This expert report must demonstrate:
- The expected standard of care for this situation
- How the medical provider failed to meet this standard of care
- How this failure to meet standards caused your injury or illness
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.
You can seek compensation for the following non-economic damages:
- Pain and suffering
- Disfigurement and scarring
- Mental anguish and post-traumatic stress disorder (PTSD)
- Loss of parental or spousal support, especially if you’ve lost your loved one
Potential damage caps include:
- $250,000 against a healthcare provider
- $250,000 against a healthcare facility
- $500,000 against multiple healthcare facilities
A Prosper medical malpractice lawyer may help you accurately value your non-economic damages, including pain and suffering, mental distress, and non-economic trauma.
Recoverable Economic 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:
- Misdiagnosis, such as diagnosing the wrong condition or diagnosing a condition when no condition really exists, and a patient undergoes harmful or unnecessary treatment
- Surgical errors, such as operating on the wrong patient or incorrect part of the body, performing the wrong procedure, and leaving medical instruments inside the surgical site
- Missed diagnosis, which can be due to not ordering tests or not identifying symptoms
- Medication errors, such as administering the wrong kind of medication or the wrong dosage
- Lab and other test reports, like misreading test results or performing tests incorrectly
- Medical equipment failures, especially those that injure patients or produce incorrect results
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.
For a free legal consultation with a medical malpractice lawyer serving Prosper, call (972) 535-6377
Potential Negligent Parties to Hold Accountable for Medical Malpractice in Prosper, TX
Many medical professionals can act negligently at any point in treating a patient. The parties that we can hold responsible for your medical malpractice incident depends on what the malpractice incident is. We may investigate the following parties when looking into your medical malpractice case:
- Doctors and surgeons
- Physician’s assistants
- Nurse practitioners
- Surgical and medical assistants
- X-ray and other medical technicians
- Emergency rooms and urgent care facilities
- Private practices
- Special treatment facilities
In some cases, we may find that a provider and their employer were responsible for your medical malpractice incident. For example, a doctor who misdiagnosed a patient and the hospital they worked at may be liable. We may hold a whole team accountable through vicarious liability. For instance, we may file a lawsuit against a surgical team, including the surgeons, surgical assistants, and others, in which a surgeon made a critical error that caused damage.
Prosper Medical Malpractice Lawyer Near Me (972) 535-6377
Let Our Team Fight for Your Financial Recovery
We fight hard for our injured clients. We have recovered hundreds of millions of dollars for victims around Texas and West Virginia, including those who’ve suffered injuries and illness due to medical malpractice. We’re ready to provide you and your family with the same thorough and supportive legal counsel.
When we represent you in your pursuit of financial compensation after suffering a medical mishap, our team members will:
- Calculate your relevant damages
- Pursue a claim or lawsuit with that figure in mind
- 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 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
- Other medical records or documentation
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 with 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. We will work to help you get the compensation you are entitled to due to medical neglect.