Texas Medical Malpractice Lawyer

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Texas, like all other states, allows for the filing of civil suits for medical malpractice against health care providers, such as doctors, nurses, dentists, and hospitals. If you have suffered in any capacity because of sub-par medical practices in the state of Texas, you may have a viable medical malpractice claim to file. Medical practices not adhering to the standard level of acceptance can result in catastrophic injuries, furthering what was already an ailment or creating a new one. Luckily, many Texas attorneys specialize in the field of medical malpractice, and they are able to represent your case with the utmost knowledge and expertise.

Medical malpractice law is a form of tort law designed to offer compensation to a patient who suffers an injury from an act or omission by a health care provider. Moreover, it must be proven that the erroneous act or omission deviated from the accepted standards of practice in the medical community. Not surprisingly, those standards and the way they are evaluated and measured are constantly changing in every state. An experienced Texas medical malpractice lawyer will be up-to-date and knowledgeable on all aspects of medical malpractice, and they are experts at applying that knowledge to every case that comes through their firm.

If you suspect you are a victim of a medical malpractice case, you can contact an attorney who is a Certified Personal Injury Trial Lawyer through the Texas Board of Legal Specialization upon your first inclination that there is a problem. The statute of limitations in Texas for medical malpractice cases is generally two years from the end of the treatment that caused the injury, even if the injury was not yet known. In the case of a minor, you may have until the time when the child reaches the age of 20. However, you must file your claim before the statute of limitations expires, and your attorney will help to determine that date.
In Texas, medical malpractice attorneys often require you to obtain a second medical opinion or evaluation before they agree to take on your case to help substantiate your claim. Also, expert witness reports will be needed to establish your case shortly after it is filed. These expert witnesses will also likely testify at your trial if necessary.

Texas has instituted medical malpractice tort reform that limits the amount of non-economic damages for your claim, and limits the amount of damages in wrongful death cases. However, there are no set limits on attorney's fees; therefore, you will want to discuss your contingency payment with your attorney at your consultation appointment. It is also wise to discuss what payments, if any, you will need to make to the law firm while your case is pending.

Specific elements to a medical malpractice case must be brought forth in order to have a case with a chance of winning. First, it must be shown that a duty was owed, meaning that there was a legal duty that existed between you and the defendant. This is important because it shows that a medical or health care provider took on the responsibility of treating you. Next, it must be shown that the defendant breached or failed to meet the standard of care owed to the plaintiff. Third, it must be evident that the breach or failure to meet the standard resulted in further injury to the plaintiff. Last, it must be proven that the specific breach or failure resulting in ailment placed a burden on economic and non-economic losses. The steps vital to winning a claim are complex and often difficult to prove, making it all the more necessary to retain the services of a qualified Texas medical malpractice lawyer.


Legal•Info State Medical Malpractice Information

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