Harker Heights Medical Malpractice Lawyer
You expect a certain level of competence from your physician and other medical professionals, and specific protocols for care and safety to be in place during any hospital stay. Most of the time, you are soon back on your feet after medical treatment. But sometimes, treatment may go wrong.
If you have been injured by a doctor, nurse, technician, hospital, therapist, or rehabilitation specialist, a Harker Heights medical malpractice lawyer can review your situation and explain what options you have to be compensated for your medical bills, lost wages, pain and suffering, and mental anguish. Reach out to an experienced personal injury attorney to discuss your options for legal recourse.
Proving Medical Malpractice in Harker Heights
When a medical error occurs, the injured party can file a claim against the health care professional. The plaintiff and their attorney must prove the medical professional’s negligence.
The attorney must prove the following:
- The health care provider had a duty of care to the patient, such as the doctor-patient relationship
- The care by the hospital or health care provider was less than the prevailing standard for an average provider or hospital in a similar situation
- The substandard care was likely to cause injury to a patient
- The patient filing the lawsuit was injured because of the substandard care
If a medical professional behaves unreasonably and causes harm to a patient, a Harker Heights attorney could sort the facts and use them to build a case for medical malpractice.
Types of Medical Malpractice Claims
Malpractice in Texas is based on what a doctor does do, but also what fails to be done. Malpractice falls under three categories.
Failure to Diagnose
Failure to diagnose is based on a physician failing or improperly diagnosing a patient’s problem. Failure can occur because the physician ignored a patient’s symptoms or did not order proper tests after the patient described symptoms.
Negligent Treatment
Negligent treatment is based on a patient’s physician of record not treating the patient as a reasonably competent patient would do in a similar situation. Since emergency room physicians do not have the luxury of time when treating patients they may never have seen before, patients injured in the emergency room must prove that those treating them wantonly disregarded their needs.
Failure to Warn
Texas Code Section 74.101 also holds physicians accountable for medical malpractice if patients do not sign consent forms agreeing that they have been advised of the risks associated with their physicians’ prescribed treatments, and the known risk does occur.
A Harker Heights injury lawyer can determine the type of medical malpractice claim a client might bring before the courts.
Compensation for Texas Medical Malpractice Victims
Texas voters in 2003 voted Yes on Proposition 12, amending the Texas Constitution, permitting lawmakers to cap non-economic damages in medical malpractice cases. The proponents argued that Texas would attract more and better physicians who would not be hampered by astronomical payments to injured patients. Texas did not cap economic damages, which are measurable, such as medical bills, lost wages, and lost future wages.
Non-economic damages are subjective and include pain and suffering, loss of enjoyment of life, and mental anguish. Under Texas Code Section Sec. 74.302, non-economic damages against a healthcare provider are capped at $250,000 and $500,000 against health care facilities, such as hospitals. Caps on non-economic damages have been deemed unconstitutional in thirteen states. A Harker Heights lawyer can review a client’s case to determine if multiple defendants are responsible for non-economic damages.
Deadline to File a Claim
Generally, Texas allows injured patients two years to file a civil lawsuit for medical malpractice. The time clock begins on the date the duty of care was breached or, if the exact date cannot be determined, at the conclusion of treatment associated with long term care. If the patient is under 12, the lawsuit must be filed by their 14th birthday.
A Harker Heights Medical Malpractice Attorney is Waiting for Your Call
You trust your doctor to treat you and get you the help you need. But sometimes, their treatment may hurt you and cause severe consequences.
If you have been injured after being afforded substandard medical care, a Harker Heights medical malpractice lawyer is waiting for your call. Together, we can work to get you the compensation you need.
