Belton Medical Malpractice Lawyer

Although many people have heard of medical malpractice claims, you never expect to become a victim of medical negligence until it happens to you. As a patient, you trust your doctor and other healthcare professionals to successfully use their knowledge and skills to treat your medical conditions. When medical treatment puts you in a worse medical condition instead of a better one, you may need a Belton medical malpractice lawyer.

Although you trust your medical providers inherently, they do not always act as responsibly or carefully as they should. When they act negligently, they may cause you more harm than good. If you were severely injured due to a medical professional, let a medical malpractice lawyer help. You can pursue a claim for medical malpractice with the assistance of a local and experienced personal injury lawyer.

Explaining Medical Malpractice

Various situations might lead to medical malpractice claims. However, not every poor medical outcome means that malpractice has occurred. Medical malpractice generally happens only when a doctor, nurse, or other healthcare professional provides substandard medical treatment. As a medical malpractice lawyer in Belton may state, this care level falls below the reasonable measure of care that other healthcare professionals would provide under the same or similar conditions.

For instance, if doctors fail to diagnose a severe disease or medical condition, patients may worsen or experience less successful outcomes due to treatment delays. Likewise, a misdiagnosis may cause patients to receive medical treatment that fails to treat their underlying conditions and worsens their health.

Other examples of medical malpractice might include surgical and medication errors. A surgeon may operate on the wrong organ or limb, perform an incorrect surgical procedure, or even leave objects behind in the bodies of patients. Similarly, doctors, pharmacists, or nurses may provide patients with the wrong medications, incorrect dosages, or dangerous drug interactions.

Elements of Medical Malpractice Claims

Proving medical malpractice can be challenging, especially when an insurance company immediately enlists a team of lawyers to oppose any malpractice claims on behalf of a medical group or hospital. Injury victims must prove various elements to support their medical malpractice claims, including evidence of the following:

  • A documented doctor or medical practitioner-patient relationship that establishes a legal duty of care on behalf of the medical provider
  • The doctor or healthcare provider deviated from a reasonable standard of care that a competent doctor would have provided
  • The patient suffered injuries due to the negligence or incompetence
  • The patient sustained actual quantifiable damages caused by the injuries

State law does not restrict the amount of economic damages that individuals can seek in a medical malpractice action. These damages might include medical expenses, lost wages, and more. However, state law does limit the amount of non-economic damages available in these claims, such as damages for emotional distress and physical pain and suffering.

Time Limits for Medical Malpractice Claims

Texas Civil Practice and Remedies Code § 74.251 dictates that injury victims commonly must file their claims for medical malpractice within two years of the date that the incident of malpractice occurred. These individuals also must first seek an expert opinion that malpractice has occurred before bringing their claims.

In some cases, individuals might have more than two years to file their claims. For instance, if individuals do not discover the medical errors or their injuries within the two-year timeframe, they may have more time to submit their claims. However, as a medical malpractice attorney in Belton can advise, individuals cannot file their claims any later than ten years beyond the medical error date, no matter the circumstances.

Call on a Belton Medical Malpractice Attorney for Advice

Successful medical malpractice claims require the skills and knowledge that only a Belton medical malpractice lawyer possesses. Building a strong claim is not always a straightforward task, as it is may be necessary to delve into thousands of pages of medical records and elicit expert medical testimony. With the help of legal counsel, you may be able to get the compensation that you need for your injuries.

Through a medical malpractice claim, you also may be able to hold negligent medical personnel accountable for their actions in causing your injuries. A valid claim may grant you some degree of justice for your losses. Call today to get started.

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