Being injured by a medical professional can be a horrifying scenario. The Texas Medical Malpractice Guide was created by Austin injury attorney Daniel R. Smith to help residents earn the compensation they need to fully recover.
Have you been injured by a medical professional who was acting negligently while you were under their care? Our Texas medical malpractice attorney is here to guide you through the process of bringing a claim against the liable party. If you call our office, you can get a free consultation.
Medical malpractice is a complicated type of personal injury case because you have the burden of proof to show the insurance company representing the medical practitioner that they are the reason you’re injured. While this is a tricky task, our attorney is up for the challenge.
These cases can also be particularly frustrating because you seek medical attention to feel better, and if you are a victim of medical malpractice, it can feel like a betrayal of trust. You very well may be suffering from a lack of care that you needed in addition to wrong care that has harmed you in ways you were perfectly healthy before. This can affect your physical and emotional health.
Since 2003, there have been tort reform measures that have been passed with the sole purpose of making medical malpractice cases harder to file and litigate. It also makes it harder to recover the amount of compensation that should be collected. That is why you want a highly experienced Texas medical malpractice attorney like Dan Smith who knows how to handle a tricky case successfully.
Defining Medical Malpractice
Medical malpractice is a term that covers a lot more than just doctors. If any healthcare professional has caused you harm, you may be able to bring a medical malpractice claim. Anyone whose job it is to get you healthy has the potential to behave negligently and injure you. The different types of medical professionals who might be guilty of medical malpractice include doctors, labor coaches, midwives, surgical workers, anesthesiologists, physical therapists, resident nurses, hospitals, psychotherapists, lab techs, nurse aids, estheticians, and urgent care facilities.
Common Medical Malpractice Injuries
Our Texas medical malpractice attorney strives to get the job done right for you. You need a strong, dedicated, and experienced attorney to handle your case successfully. We can help you if you have been injured due to:
- Birth injuries
- A cancer misdiagnosis or failure to diagnose cancer
- Nursing home negligence
- Dental malpractice
- Errors and mistakes during surgery
- Missing a diagnosis
- Failure to treat
- Product defects
- Pharmaceutical errors
- Misinformation from a doctor
There may be even more potential medical malpractice injuries and scenarios. The best way to determine if you are eligible for a claim is to contact our lawyer right away.
Frequently Asked Questions | Texas Medical Malpractice Guide
What Do I Do After My Injury?
The first thing you need to do is hire an attorney immediately because evidence disappears, witnesses forget things, and stories change. Part of an attorney’s role is to act as a detective and investigator and get what happened on the record.
You also need to hire the right attorney. The right attorney has experience in personal injury matters and medical malpractice specifically because every medical malpractice claim is unique, and medical malpractice claims are very difficult in Texas.
Lastly, that attorney needs to be a trial attorney. That means that attorney prepares every case as if they are going to trial. Insurance companies know who will go to trial and treat your case differently.
How Do I Find the Right Attorney?
The first thing in finding the right attorney is you need to establish a level of comfort and trust with them, and that should be able to happen in that first meeting, whether it be over the phone or in person.
Next, you need to hire someone with experience in medical malpractice. The laws have changed a lot in Texas with regards to medical malpractice cases, and if you don’t have someone who has experience in that area, then they might not understand all the differences in the laws, how the laws changed, and how to best represent you.
Lastly, you need to hire a trial attorney. Insurance companies know who the trial attorneys are and they treat those attorneys differently. They’re more likely to get a fair settlement offer earlier in litigation. If, for whatever reason, you are unable to get your lawsuit resolved, they’re ready to go to trial and get you the best result possible.
How Much is My Case Worth?
Recently, I was contacted by someone who was seriously injured due to medical malpractice. One of the questions they had for me was, “How much is my case worth?” Unfortunately, that’s a difficult question to answer, especially in the beginning. Medical malpractice claims are unique in Texas. There’s a limit for compensation. You can only receive up to $250,000 in pain and suffering, so you can’t receive more than that.
Also, you can receive compensation for all your past medical bills, as well as any future medical expenses that you may have. Additionally, you may receive compensation for future lost wages and past lost wages.
How Long Will My Case Take?
When asking, “How long will my case take to resolve?” understand that, early on, there is no crystal clear answer. The first thing we have to know is the extent of your injuries, and we don’t know the extent of your injuries until you’re done with your medical treatment.
If we submit a demand prematurely, we run the risk of missing something. If that’s the case, you’re not going to be fairly compensated. After you are done with your medical treatment, we submit that demand. The insurance company has a few weeks to respond. If they respond with a number and it’s something we can work with, we negotiate with them. If it’s not a number we can work with, then we file a lawsuit.
After we file a lawsuit, we have to serve the defendants. Normally, serving the defendants isn’t an issue. After defendants have been served, they have 30 days to respond. Once they respond, they almost always hire an attorney, and we immediately contact that attorney and try to get a trial date, and then there’s an end in sight.
Will My Medical Malpractice Case Go to Trial?
Recently, I was contacted by someone who had been a victim of medical malpractice, and she asked me if her case was going to go to trial. The answer to that is unclear. Most cases don’t go to trial. I can assure you that you will always be able to make the decision on whether or not to take a settlement offer or not. My role is to advise on whether that offer is fair. As the client, you get to make the decision on whether or not to accept the offer.
In the off chance that we do go to trial, I can also assure you that you will always be very well-prepared. Trial is an opportunity for you to tell your story about what happened, and there’s nothing to worry about.
Call Our Austin Medical Malpractice Attorney Today
We often hear from people who have been hurt due to medical malpractice and they commonly are worried about how to handle these cases. We will do everything we can to make you feel like a priority and keep you informed. This will start when you call us to set up a free case evaluation.
If you do not know if you will be eligible for a medical malpractice claim, the best possible thing you can do is call us right away. We will go through the details and do the heavy lifting to determine what your legal options are. We will never charge you to review your claim and when we take on your case, we will never charge you until after we successfully litigate and win your case.