Aside from routine wellness checks, we go to the doctor because we feel unwell or have some type of pain or condition. While we do not expect doctors and other healthcare workers to be able to cure everything that ails us, we certainly should not be worse off after receiving care because of their negligent or reckless action. Temple medical malpractice lawyers spend their days immersed in the complex fields of law and medicine. The guidance of a knowledgeable personal injury attorney may help you secure the best possible settlement or judgment to address your financial and emotional needs.
Numerous individuals and entities play a role in providing healthcare and, thus, possibly liable when things go wrong. Healthcare providers include, but are not limited to:
Hospitals, outpatient surgical centers, emergency medical services, assisted living facilities, and hospice providers all fit the definition of healthcare institutions.
Texas’s strong steps to limit medical malpractice filings distinguish these cases from routine personal injury cases. State statute defines medical malpractice, establishes a limited timeframe for bringing suit, imposes strict procedures and notice requirements, and limits the amount a victim is able to recover. Even with these stringent requirements, a Temple attorney who has experience handling medical malpractice claims may be able to help clients and their families get back emotionally and financially on their feet.
Not every bad experience with a doctor or healthcare professional translates to liability. Winning a medical malpractice case requires proof that the providers departed from the standard of care expected under the circumstances. In addition to establishing this duty of care, a successful claim must show that the provider failed to discharge their duty of care, this failure caused actual harm, and it was reasonably foreseeable that such action would cause injury, and the actions resulted in harm in the form of damages.
Establishing a provider’s duty of care is not as simple as pointing to the existence of a doctor-patient relationship. The evidence must show that the provider in question did something out of the ordinary. Specifically, actions other providers in the same field with similar training and in those circumstances would not have taken. Typically, this requires expert testimony.
Victims of medical malpractice may seek both compensatory and exemplary damages. As part of restricting medical malpractice cases, however, Texas law imposes detailed guidelines on awards.
Compensatory damages can be economic or non-economic in form. Economic damages reimburse for actual and measurable expenses such as medical bills and lost wages. Non-economic damages are intended to compensate for emotional distress, pain and suffering, loss of consortium and company, and loss of enjoyment of life. Texas caps non-economic damage recovery at:
Under this scheme, non-economic damages may never exceed $750,000 per claimant.
A court or jury may also impose punitive or exemplary damages when the actions by the healthcare provider or institution amount to gross negligence or are intentional. Texas also limits this type of recovery. However, in cases of wrongful death, the total damage award is capped and adjusted based on the Consumer Price Index.
Medical malpractice insurance adds one more layer to the complicated issues facing an injury victim. Insurance carriers often attempt to settle a case to prevent the filing of a lawsuit. It is wise to consult counsel before agreeing to any settlement or even speaking with an insurance agent. A plaintiff may lose some value in their claim without guidance from an experienced Temple medical malpractice attorney.
After suffering a medical treatment-related injury, you are likely overwhelmed with emotions, questions, and concerns. At the forefront may be financial worries as bills mount and your future earning potential may be in question. Discussing your case with a compassionate and seasoned Temple medical malpractice lawyer could help you fight for the monetary compensation you need, and the justice you deserve. Contact us today to get started.
We know these are uncertain times, but our team is fully prepared to handle your case remotely and available 24/7. We have been conducting new case intake and other client interactions via telephone, video conference, and e-mail to service our clients. Also, medical providers are still able see patients in person, by telemedicine, or video conference. If you have any questions about a new or existing case, please contact us today.
Thank you for your understanding and patience during this time, and we wish you and your families good health and safety.