Waco Medical Malpractice Lawyer
When you go into a doctor’s office for routine treatment, you expect that the staff will operate safely and carefully. If their error harms your health, you deserve compensation for the resulting injuries.
Fortunately, you do have options if a doctor’s recklessness wounded you. Medical negligence lawsuits targeting a doctor, nurse, hospital, or other licensed healthcare provider are complex undertakings, but they could entitle you to substantial monetary damages.
A Waco medical malpractice lawyer has the experience and skill necessary to handle these cases. A dedicated personal injury attorney can determine exactly where a doctor went wrong and help you overcome procedural hurdles.
How to Establish that Medical Malpractice Occurred
In any personal injury case, the wounded plaintiff usually must prove that the defendant’s negligent behavior caused their suffering. When the injuries arise from medical error, proving this carelessness requires a plaintiff to establish that the doctor or physician did not meet an appropriate “standard of care.”
Upholding a standard of care means providing the same level of attention, judgment, and skill that a similarly qualified professional would offer in the same circumstances. In some cases, it is obvious that a medical professional did not meet the standard of care. For example, a surgeon who operated on the wrong body part made a error that any other reasonably cautious expert would not have made.
However, most medical errors are more subtle. An inquisitive attorney in Waco can have an expert review a patient’s records to establish whether the doctor caused an injury by failing to uphold a standard of care. If it is clear that a physician breached their duty, a wounded plaintiff could pursue a medical malpractice claim.
Filing a Medical Malpractice Action
Submitting a medical negligence claim can become a complicated process since there are multiple steps that a plaintiff must navigate. To begin, state laws require a plaintiff to inform a medical professional of their intent to submit a malpractice lawsuit at least 60 days before filing. The plaintiff must include an authorization to review medical records with the notice. This advanced warning gives the medical professional and their insurance company time to examine the patient’s records and perhaps negotiate a settlement before going to court.
If an insurance company is unwilling to settle, a plaintiff can begin filing a medical malpractice lawsuit. Texas Civil Practice and Remedies Code §74.351 requires anyone interested in these claims to obtain an expert opinion supporting their allegations.
If a plaintiff fails to acquire and submit this expert report, a court could dismiss their lawsuit “with prejudice,” meaning the plaintiff cannot refile the claim. The court might force the plaintiff to pay for the defendant’s legal representation. A knowledgeable lawyer in Waco can protect a plaintiff’s rights to file a medical malpractice claim by helping submit this expert report.
Damages Available in Malpractice Actions
When a wounded claimant navigates all the steps associated with their lawsuit, they can usually collect financial compensation. These damages encompass all the losses a plaintiff experienced due to their injury. Generally, claimants must prove their losses using documents and testimony. A savvy legal representative could help a plaintiff compile proof of their suffering.
Damages in medical malpractice claims aim to provide payment for the cost of all additional treatment that an injured person requires. A wounded patient is also usually entitled to reimbursement for their lost income or reduced future earning capacity.
Furthermore, a plaintiff also could collect compensation for losses without an established financial value, such as physical suffering, reduced enjoyment of daily life, or permanent disability. These are called non-economic damages. However, state laws limit the value of non-economic damages that an injured patient can collect. Each specific medical professional or institution that contributed to the instance of medical malpractice will owe the plaintiff non-economic damages totaling no more than $250,000.
A tenacious attorney in Waco can determine the extent of compensation that a wounded plaintiff deserves and help communicate that the medical malpractice caused verifiable suffering.
Reach Out to a Waco Medical Malpractice Attorney Today
The medical industry possesses considerable power, and it often uses its influence to make it difficult for an injured patient to act against dangerous treatment. However, when improper care results in severe harm, patients deserve justice.
A seasoned Waco medical malpractice lawyer can help you acquire the compensation you need to recover from the full extent of your injuries. Call the office to schedule a consultation as soon as you suspect that medical negligence harmed you.
