Do You Have Grounds for a Medical Malpractice Lawsuit in Texas?
When you enlist the services of a medical professional, you should expect a sense of professionalism and good judgement. Unfortunately, this is not always the case. In the event that you or a loved one has been involved in any instance of medical malpractice, you may be unsure where to turn, or how to go about obtaining compensation for your damages. Residents of Texas who have been involved in an instance of medical malpractice should know that they are not alone, and help is just a call away. The Texas hospital negligence attorneys at Carabin Shaw are here to fight for you.
A medical malpractice settlement can arise from any of a number of situations related to medical treatment/procedures. If you are wondering if you might have grounds for a medical malpractice lawsuit in Texas, it is important to understand that there are countless types of negligence, and thus, compensation that you may be eligible to obtain. These include:
- Wrongful diagnosis/Misdiagnosis
- Late diagnosis
- ‘Tunnel vision’
- Maternal obstetrics
- Surgery malpractice
Determining who is at fault, and to what extent, can be a confusing process, especially if you have never dealt with these circumstances before. And in many recent medical malpractice lawsuit cases, accountability may rest with various third parties involved in your treatment. This is usually your attending physician, nurse, or doctor, but it can also be a pharmaceutical company, sometimes even the medical facility or hospital in which your procedures took place.
The medical malpractice success rate of claims in Texas can depend on many factors, but the key distinction between a case of ‘negligence’ and ‘malpractice’ is about the presence of intent. A doctor’s best judgement call may not work to the effect that he/she intended for a number of reasons. Some are wholly accidental, others, wholly avoidable. If your doctor has purposely ignored or not considered important variables that might have changed the result, the burden of proof rests with the patient, to prove accountability.
If, for example, a doctor has knowingly failed to provide you with alternative treatment options, ignored important details when administering a diagnosis, or neglectfully mishandled your case in any other way, he or she may be held responsible for injuries and damages.
How much compensation you are able to obtain for these damages by filing a medical malpractice claim in Texas depends on a number of factors, including:
- Extent of your damages
- Prior knowledge/negligence of this knowledge
- Failure to use appropriate judgement
- Failure to provide full and appropriate informed consent
In many of these cases, presence of a Texas medical malpractice lawyer is crucial in determining if you have grounds for a medical malpractice lawsuit, and to what extent. And in the state of Texas, timing is everything. Potential plaintiffs have 2 years from the date of the incident to file a claim; anything beyond that statute of limitations has a significantly reduced chance of succeeding in front of a judge. Additionally, the ‘statute of repose’ rule in Texas says that any case more than ten years old will most likely be dismissed, even with the presence of a Texas attorney.Contact Our Texas Lawyers at Carabin Shaw Today!
For more information about filing a medical malpractice claim, and to determine whether or not you may have grounds for a medical malpractice lawsuit in Texas, contact Carabin Shaw today.
An experienced Texas lawyer can help answer all your questions and guide you towards the path of full compensation and restored quality of life. When it comes to Texas hospital negligence, guidance from the attorneys of Carabin Shaw may be your best opportunity to move forward with a successful claim.
At Carabin Shaw, we believe that every person deserves a full chance to live debt and stress free following involvement in any case of Texas medical malpractice. The law firm of Carabin Shaw wants to help.
Our team of Texas attorneys even offer all potential clients a free in-person consultation. Call the Texas hospital negligence attorneys from Carabin Shaw anytime, toll free, at 800-862-1260.