Dallas Medical Malpractice Lawyer
We repeatedly place our lives, and those of our love ones, in the hands of trusted doctors and other healthcare professionals. Unfortunately, they make mistakes. And when they do, the results can mean catastrophic injuries, or even death.
Getting a fair settlement is not the easiest thing in the world, however, nor is getting a healthcare provider to admit fault in the first place. If this is your situation, you can improve the chances of a successful resolution by working with an experienced Dallas medical malpractice lawyer from The Law Offices of Charlie Waters.
What is Medical Malpractice?
Any illness or injury caused by a medical provider could potentially qualify as medical malpractice. This includes instances where harm was caused by an intentional action and where harm was caused by a failure to do something. However, there are situations where everything could have been done correctly but the outcome couldn’t be helped. The key is that some form of negligence must have been involved.
Described below are just a few examples of healthcare provider negligence:
- Failure to diagnose a condition or illness, often resulting in an inability to treat a condition that could have been successfully addressed earlier.
- Misdiagnosis, often resulting in the wrong treatment being prescribed.
- Surgical errors, such as performing the wrong procedure or leaving a foreign object inside the patient.
- Medication errors, including prescribing the wrong medication or failing to anticipate an interaction with another drug.
It’s important to note that medical malpractice isn’t just confined to doctors, nurses, and hospitals. If your pharmacist or dentist caused you harm through negligence, medical malpractice laws can apply and entitle you to a settlement.
Special Considerations for Medical Malpractice Claims
Medical malpractice claims can differ from other personal injury claims in many ways. While Texas has a 2-year statute of limitations (with some exceptions) there are some unique factors, particularly damage amount limitations, you need to be aware of.
- There is a per-claimant $250,000 cap on non-economic damages in medical malpractice cases against a physician or healthcare provider.
- For medical malpractice cases against a single healthcare institution, there is a $250,000 cap on non-economic.
- For cases against multiple healthcare institutions, there is an overall cap of $500,000 per claimant for non-economic damages, and no one institution can be on the hook for more than $250,000 in non-economic damages per claimant.
Medical malpractice claims can be more complicated to prove and expensive for the law firm to pursue. Your Dallas medical malpractice lawyer will most likely have to hire expert witnesses to testimony as to what went wrong and what the healthcare provider should have done instead.
All of your financial expenses and non-economic damages will need to be reviewed and included in your demand for compensation. A Dallas medical malpractice lawyer can walk you through this process and ensure that everything that should be included is included.
These are just a few examples of some of the damages that should be factored in when they apply to your situation:
- Medical expenses for medication, surgery, and treatments – including future needs.
- Lost wages and income.
- Emotional and physical therapy.
- Transportation and caregiver expenses.
- Pain and suffering.
- Emotional distress.
- Permanent disfigurement.
- Lost enjoyment of life.
Speak with a Dallas Medical Malpractice Attorney
When a healthcare provider falls short, you deserve a full settlement to cover your injuries and damages. Don’t count on an insurance company to help you determine what your claim is worth because their primary motivation is protecting their profits by settling claims quickly and cheaply.
Instead, work with The Law Offices of Charlie Waters and find out what your claim is truly worth and how best to proceed. Schedule a free, no-obligation case review by calling 214-742-2223 or just fill out and submit the contact form below.