Medical Malpractice Lawyers in Dallas
Medical malpractice is more common than most people realize. An estimated 225,000 people die annually from some form of medical malpractice. The Journal of the American Medical Association reports that 106,000 people die each year because of the negative effects of their medication alone. Medication errors in general are the most common medical errors, with 1.5 million people suffering injury from these mistakes each year. Other factors that reveal that you are the victim of medical malpractice include:
- Being misdiagnosed
- Never being diagnosed
- Adverse effects from a surgical mistake
- Adverse effects from an emergency room error
- Adverse effects from nursing home neglect
- Treatment mistakes: failure to provide proper treatment, prescribing the wrong medication, prescribing too much or too little medication, adverse combinations of treatments
- Pre-operation or post-operation recovery errors
Medical healthcare professionals have a "duty of care" towards their patients, and when this duty is breached, they can be held liable. Medical malpractice is, in short, either an action or inaction that caused patients undue harm. Victims in medical malpractice cases are often entitled to compensatory and punitive damages.
Filing a Claim in Texas
In Texas, a health care liability claim must be filed within two years of an occurrence or within two years of the completion of treatment or hospitalization. The only exception to this rule, is if medical malpractice injuries were sustained by a minor below the age of twelve- a medical malpractice suit can be filed up until he/she turns 14.
A claimant's action can be barred, however, if his/her "percentage of responsibility" is greater than 50%. Since September of 2003, non-economic damages are limited to $250,000 from doctors or other individuals. Non-economic damages are also limited to $250,000 from each hospital or other institution- and a total of $500,000 from all institutions. Because the damage cap is adjusted annually for inflation- the number is currently $1,650,000. If you want to proceed with a medical malpractice case, you must supply expert testimony, no later than 120 days after an initial medical negligence claim. In order to prevail in a medical malpractice case, it must be shown that:
- The health care provider owed a duty to the patient
- The health care provider breached that duty
- The patient suffered an injury
- The patient's injury was caused by the health care provider's breach
Individuals that can be held liable in a medical malpractice case include nurses, physicians, hospitals, dentists, nursing homes and pharmacists. A medical review should be conducted to evaluate whether professions acted, erred or failed to act in a manner so as to fail to meet the standard of care.
Questions that you can ask, to determine if you have a case include: how was I injured? What did the doctor do wrong? Can the doctor's errors be directly linked to my injury? If medical malpractice has caused you undue harm and emotional stress, you deserve the chance to fight for compensation!
Why Hire a Personal Injury Attorney
Because medical malpractice laws are often very complex and technical in Texas, it can be helpful to secure a personal injury attorney on your side. Furthermore, a personal injury attorney will have the connections to medical experts that can help you review and analyze the extensive medical records that could have bearing in your case.
He/she can fight for a successful settlement, and strive to prevent your case from becoming too dragged out. Representing yourself in a malpractice suit can be tough and can result in a smaller settlement- or can result in you not obtaining punitive damages on top of compensatory damages. When your health and future are at stake, don't settle for less! Give Zinda Law Group a call today!
View the firm's profile at FindaMedicalMalpracticeAttorney.com.