When we must place our trust in medical professionals to address a significant health condition or recover from an injury, we may have some apprehension, but we know that doctors and nurses follow procedures that align with a standard of care informed by an established body of medical knowledge and experience. If you or your loved ones have recently suffered an unfortunate incident in which divergent choices or actions by a medical professional led to unnecessary or unexpected preventable injury or death, we understand the shock, pain, and frustration you must be feeling. While reversing what happened in the medical environment is not an option, an experienced Texas medical malpractice lawyer can help you seek financial compensation that may assist you or your family while holding the medical personnel accountable for their actions or inactions.
Medical malpractice is negligence within the scope of a medical professional’s practice. This type of negligence can often lead to injuries and illnesses within the patient. In some cases, medical malpractice can lead to death. When a doctor makes a preventable error, the patient should not need to pay for the associated expenses. They can also seek compensation for their avoidable pain and suffering.
If you or a loved one have been a victim of medical malpractice, filing an insurance claim or lawsuit against the at-fault party can reduce the financial burden of this incident. Our medical negligence lawyers at McLaurin Law are here to help you.
Medical malpractice cases typically fall into a few standard categories. Here are some common types of medical malpractice:
If you or your loved one have experienced any of the above in or near Houston, TX, contact our medical malpractice legal team today to schedule a strategy session.
When you file a medical malpractice claim, you will need to provide evidence that your physician made a preventable error that led to your damages. Medical malpractice is a personal injury case based on negligence that was committed by a medical professional, and establishing negligence in a medical environment is different from establishing negligence in other situations.
In order for your case to qualify for medical malpractice, you must show that your physician acted outside the professionalism and competency warranted for their training and medical role. Medical professionals owe a duty of care to their patients to provide the care a “reasonable physician” would provide under similar circumstances. In regards to treatment or surgery, they must meet the applicable proper standard of care.
You shouldn’t attempt to prove medical malpractice on your own. Instead, working with an experienced medical malpractice attorney can help you approach your case strategically and collect compelling evidence to support your claim.
Your experienced Texas medical malpractice attorney can collect the following evidence for an actionable medical negligence lawsuit:
Schedule a free strategy session with our medical malpractice legal team to assess your case and identify your next steps.
When you file a medical malpractice lawsuit against a physician in Texas, you may be able to seek a few types of damages:
In Texas, noneconomic damages for medical malpractice claims are capped at $250,000 for cases against a single physician and $500,000 for cases with multiple defendants. Noneconomic damages are more subjective in value than economic damages. There are currently no limits for economic damages.
In addition to immediate medical expenses some other common damages in a medical malpractice case may include:
It is important to include ongoing expenses and difficulties experienced as a result of the malpractice when assessing damages. Your attorney can help you determine which damages to claim in your medical malpractice lawsuit.
Texas has a two-year statute of limitations for medical malpractice claims. You must file your claim within two years of the malpractice incident. If you fail to file your claim in time, you may be ineligible to seek compensation.
If you have already surpassed the statute of limitations, your attorney can help you understand whether you may qualify for any exceptions to this policy. For instance, minors have until age 14 to file a lawsuit, regardless of when the malpractice occurred.
Additionally, the statute of limitations in some cases may begin when the injury could have been discovered through reasonable diligence, such as when the effects of the malpractice only became evident at a date some time after a given surgery or prescription. Discuss the details of your case with an experienced Texas medical malpractice lawyer.
You should not attempt to navigate a medical malpractice insurance claim or lawsuit alone. The medical professionals you sue will surely have experienced representation, and you will need to be able to prove their medical negligence was responsible for the injury or death you or your loved one suffered.
When you work with a qualified medical malpractice lawyer at our firm, you can trust us to take the responsibility of your case off your shoulders. Our experienced medical negligence lawyers can:
Contact our medical malpractice lawyer team in Houston, TX today to schedule your free strategy session.
McLaurin Law — When you need more than luck on your side
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Typically, the answer to this is absolutely not. Insurance companies are looking out for their own best interests and will try to get you to settle for an offer that is far below what you deserve. At McLaurin Law, we can help you seek an appropriate settlement.
After an accident, you should typically file a claim with the insurance provider of the negligent party who is responsible for your accident. It is important that you move with haste in filing a personal injury claim with the insurance carrier after an injury has occurred. Should a lawsuit eventually become necessary, it is also important to keep in mind that in the state of Texas, you must file a personal injury lawsuit within two years of the date the injury occurred.
Your number one priority should be your well-being. Seek out medical advice as soon as possible to ensure that you get the treatment you need. You should also move quickly to consult with an attorney to assist you with your personal injury claim. Critical events occur early in the personal injury claims process—such as interviews with adjusters and early damages assessments—so do not delay speaking with an attorney.
Browse our growing library of multimedia educational content to better understand the rules and processes involved in your Texas injury case or insurance claim. Review the items relevant to your issue, and let us know your questions.
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We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
Office Hours: 8:30 AM - 5:00 PM
Available by Phone: 24/7
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