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Damages That Can Be Recovered in a Corpus Christi Medical Malpractice Case

Every day, people in Corpus Christi trust doctors and hospitals to treat their illnesses and injuries and their loved ones’ illnesses and injuries with care and compassion. Sometimes, though, the doctors and hospitals you trust make mistakes and cause you or your loved ones even more pain and suffering. If you suspect a medical professional has been negligent with your care, you may need Corpus Christi medical malpractice lawyers at Carabin Shaw to file a malpractice claim in your case. Read on to learn about damages that can be recovered in a Corpus Christi medical malpractice case.

Medical Malpractice Basics

In Texas, the legal term for medical malpractice is a “health care liability claim.” Section 74.001 of the Civil Practice and Remedies Code defines this as “a cause of action against a health care provider or physician for treatment, lack of treatment, or other claimed departure from accepted standards of medical care,” which result in “injury to or death of a claimant.” Additionally, Chapter 74 of the Civil Practice and Remedies Code sets out specific filing requirements that Corpus Christi hospital negligence lawyers will help you navigate throughout your case. Don’t miss one of these deadlines—call an attorney today.

The first time constraint in a medical malpractice claim is the statute of limitations, which is two years in Texas. The two-year statute of limitations means that you only have two years from the date of the medical negligence that caused harm to you to file a medical malpractice claim. In some instances, the two-year period may begin on a different date, but you should still contact Corpus Christi medical malpractice lawyers as soon as you suspect medical negligence so that you don’t miss your deadline for filing a claim. Other requirements your lawyer will explain as they pertain to your case are:

  • The notice you must provide to the defendant of your intent to file a claim at least 60 days before filing the claim
  • The expert report you must provide to the defendant within 120 days of filing the claim
Damages and Damage Caps

A medical malpractice attorney serving Corpus Christi will help you understand the three types of damages awarded in a medical malpractice claim: economic, noneconomic, and punitive. Economic damages compensate you for actual financial losses. Past and future medical bills and lost wages are examples of economic damages. Noneconomic damages compensate you for non-pecuniary losses, such as pain and suffering, mental anguish, and loss of consortium. Punitive damages are intended to punish the defendant, and a court only awards them when the medical negligence in question was malicious. Your attorney will discuss your case and the damages you might receive as a result of your claim.

Corpus Christi medical malpractice lawyers can also explain the damage caps on medical malpractice claims in Texas. Economic damages are not subject to any caps or limits—you can be awarded as much in economic damages as your claim warrants. Noneconomic damages, however, are subject to several different caps. You may only be awarded up to $250,000 in noneconomic damages from doctors or providers and up to $250,000 in noneconomic damages from hospitals or institutions. If your medical malpractice claim is against both a provider and an institution, you may be awarded up to $500,000 in total noneconomic damages from both the provider and the institution. A medical malpractice lawyer in Texas will explain how these caps affect your claim and fight for the compensation you deserve.

Connect with an Attorney

By now you’re probably asking yourself, “Who are the best medical negligence lawyers near me? When should I contact a lawyer?” If you live in Corpus Christi and suspect medical negligence has harmed you, contact the Corpus Christi hospital negligence lawyers at Carabin Shaw as soon as possible. They’ll provide you with a free consultation and answer any questions you have about your claim. Call today at 361-444-1111 or toll-free at 1-800-862-1260.


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