Copperas Cove Medical Malpractice Lawyer
When you go in for a routine medical procedure or an important surgery, you should be able to trust that a doctor, surgeon, or other medical professional will treat you with a high standard of care. Unfortunately, this does not always happen. In some situations, a medical professional might harm a patient through negligence or oversight. When a doctor or healthcare provider fails to uphold an accepted standard of care, a medical malpractice claim could help hold them accountable for any resulting injuries.
Proving medical negligence or malpractice is complex, and a successful claim must establish a few important elements. These cases require skilled communication, negotiations, litigation, and a strong knowledge of the personal injury claims process. A Copperas Cove medical malpractice lawyer can offer this dedication and experience.
The Different Types of Medical Malpractice Claims
Most local medical malpractice lawsuits assert a few common types of mistreatments, such as:
Failure to Diagnose
Failure to diagnose claims are an option when a medical professional’s breach of a standard of care causes them to miss or misdiagnose an illness. To recover compensation in this kind of action, a claimant must directly connect a failure to diagnose to their injuries.
Negligent Care
Negligent care lawsuits become an option when a doctor makes a mistake that other competent medical professionals in the same field would not have made. These situations can be serious, but our legal team can help resolve them.
Failure to Warn of Potential Hazards
Most procedures, medications, and treatments carry some risk. When a medical professional does inform a patient of these risks before beginning treatment, they might face liability for any resulting injuries. After notifying a patient of the potential risks of a procedure, a doctor must receive consent before they begin treatment.
How to File a Medical Malpractice Claim
There are specific components that a claimant must establish to prove negligence in a medical malpractice case. To begin, the plaintiff must prove there was a doctor-patient relationship and demonstrate that healthcare professional owed them a duty of care.
Evidence must also show that the doctor, surgeon, or other medical professional did not meet the standard of care that is acceptable within that profession. Finally, with the help of a dedicated Copperas Cove attorney, the plaintiff must prove they suffered verifiable injuries through medical negligence.
Are These Cases Subject to a Statute of Limitations?
In most medical negligence cases, a plaintiff must file their claim within two years of the procedure and injuries. However, under the Texas Civil Practice and Remedies Code section § 74.251, there are certain exceptions to this time limit, including:
- Discovery- if a patient does not know they sustained injuries from a poorly performed procedure, the statute will begin running the day they reasonably discover the harm
- Age – if a plaintiff is a young child, they can file a claim any moment before they turn 14
- Continued treatment- if the patient receives continual care for an illness or medical issue, they might be able to assert that they got hurt during the more recent stages of their treatment
- Tolling – in some situations, a medical negligence plaintiff can send a notice to a healthcare provider and extend, or “toll” the statute of limitations, for 75 days.
A knowledgeable lawyer in Copperas Cove can answer questions about state laws and help a medical malpractice claimant adhere to the unique statute of limitations.
Schedule a Meeting with a Copperas Cove Medical Malpractice Attorney
Instances of medical malpractice leave you devastated – with severe injuries, mounting hospital bills, and missed wages at work. Doctor negligence could also result in serious psychological trauma that requires ongoing therapy.
When you suffer harm and losses due to a medical professional’s negligence, you deserve to work with an attorney and hold them accountable. Call a compassionate Copperas Cove medical malpractice lawyer today learn more and schedule your initial consultation.
