Schertz Medical Malpractice Lawyer
People trust doctors, nurses, and other medical professionals to diagnose, treat, and cure their injuries or diseases. However, when negligent medical professionals do not meet a standard of care that aligns with accepted protocols in the medical community, patients can face physical harm. Fortunately, state law provides a pathway for people affected by medical malpractice to hold negligent providers accountable.
Medical malpractice claims are notoriously complex and have procedural requirements that go beyond other types of personal injury cases. Therefore, letting a Schertz medical malpractice lawyer handle the details of your case is in your best interests. Our skilled injury attorneys can investigate the doctor’s conduct and protect your rights as a patient.
Defining Medical Malpractice
Not all injuries that occur in a healthcare setting qualify as medical malpractice. Instead, a plaintiff must have suffered harm, and the medical provider must have acted outside normal procedures accepted in their professional community. Examples of situations that might warrant a medical malpractice claim include:
- Failure to obtain a complete patient history
- Misdiagnosing or failing to diagnose a condition
- Surgical errors, such as wrong-site, wrong-person, and unnecessary operations
- Improper use of medical equipment
- Prescribing the wrong medication or an incorrect dosage
- Offering inadequate follow-up treatment
Establishing one or more of these elements can be challenging, but a diligent Schertz attorney can collect evidence and thoroughly investigate a doctor’s misconduct to prove a case.
Are Medical Malpractice Claims Subject to a Statue of Limitations?
It is crucial to start as early as possible when bringing a medical malpractice claim against a healthcare provider. Under Texas law, people injured by medical malpractice must submit their claim within two years of the incident. If a child under the age of 12 was injured by a doctor’s negligence, their parent can file a lawsuit any time before the young plaintiff turns 14.
If a claimant does not act within this time limit, they will likely lose their chance to collect financial compensation. Adhering to this strict window can be challenging while recovering from injuries, but our Schertz lawyers can take charge of a medical malpractice claim and fight for the best result.
Damages Associated with Medical Malpractice Claims
Once a medical malpractice attorney in Schertz reviews a claim, they will determine the monetary damages to ask for. In most doctor negligence cases financial compensation would include repayment for both economic and non-economic losses. Economic setbacks include tangible bills and lost wages, which are easy to calculate. Meanwhile, non-economic setbacks include more subjective aspects like pain, suffering, diminished quality of life, and loss of consortium.
In most medical-malpractice cases, proving entitlement for non-economic damages requires expert testimony and comparison to similar cases. It is also crucial to understand that Texas limits the amount of non-economic compensation a plaintiff can collect. For instance, if a case involves a single medical provider, non-economic damages are capped at $250,000. If multiple medical facilities are being sued, the limit increases to $500,000.
Get Help from a Schertz Medical Malpractice Attorney
If you were hurt after going to the doctor for a check-up, routine treatment, or serious operation, you deserve the best representation to protect your rights and integrity. Thankfully, our experienced attorneys can gather the necessary evidence and meet all your claim’s requirements and deadlines, giving you the best chance of recovering the compensation you need.
You should not have to deal with legal processes and complex paperwork while recovering from what should have been a safe visit to a healthcare provider. Contact a Schertz medical malpractice lawyer today to learn more.
