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Odessa Medical Malpractice

When you are sick or injured, seeing a doctor is thought to be your best option. With their intensive training, experience, and the wonders of modern medicine, you feel like a simple visit to the doctor’s office in Odessa means you’re in good hands. For many Texas families though, this is not always the case, as evidenced by the 7,510 complaints the Texas Medical Board received in 2015 alone. An experienced medical malpractice attorney in Odessa has heard these stories about victims suffering at the negligent hands of doctors all too often. If you or a loved one has been a victim of Odessa medical malpractice, you don’t have to deal with this alone.

At Carabin Shaw, we know how painful an unforeseen tragedy like this can be, so we are here to help you heal by getting you proper justice. We believe the road to winning in court begins with understanding what you’re up against. For medical malpractice, this means understanding the Texas medical malpractice statute of limitations and the Texas cap on medical malpractice damages.

Statute of Limitations for Medical Malpractice

Like all states, Texas places a statute of limitations on medical malpractice, meaning there is a legally defined window of time for filing a medical malpractice lawsuit. In Texas, this window is two years. The “clock” begins from the date the medical malpractice occurred. If the patient is unsure exactly when the incident happened that caused their injury, the window starts on the last day of treatment. Filing within the allotted legal window is essential for the success of your case. Consult with a medical malpractice lawyer serving Odessa to ensure you file correctly and meet the proper deadlines.

Cap on Non-economic Damages

When you are suing in a medical malpractice case in Odessa, you are suing for monetary compensation, which is known in the legal world as damages. Damages come in two forms: economic damages and non-economic damages. Economic damages cover things like hospital bills, prescription drug costs, and lost wages due to missing work because of your illness. Non-economic damages refer to compensation for things like pain and suffering, disability or disfigurement, or loss of enjoyment of life. An attorney can further explain what constitutes both economic and non-economic damages.

For medical malpractice cases, Texas, like most other states, places a cap on the damages a plaintiff can receive, but solely on non-economic damages. Odessa medical malpractice lawyers know the law for caps on medical malpractice can be found in Texas Civ. Prac. & Rem. Code section 74.301, which spells out the following limitations:

  • A $250,000 cap on non-economic damages is placed per claimant against a single healthcare provider or physician (doctor, for example) in a medical malpractice case.
  • There is a $250,000 cap per claimant against a single healthcare institution (hospital).
  • For cases involving multiple institutions, there is a total cap of $500,000 on non-economic damages that the plaintiff can receive.

When suing a hospital, be sure to discuss your case with Odessa hospital negligence attorneys. For further questions and explanations, a lawyer can assist you.

Get The Justice You Deserve

Have you experienced medical malpractice in Odessa, Texas? If so, speaking with an attorney will help you get the process started on recouping your losses. Odessa medical malpractice lawyers are experienced in working cases like yours, so they know how to beat negligent hospitals and doctors in court.

Our team at Carabin Shaw believes medical practitioners should be held accountable for their harmful actions. It is not right that their negligence should lead to your suffering after they’ve been entrusted with your well-being. We always strive to get the most for our clients because we know you deserve it. There’s no time to waste, the statute of limitations on medical malpractice cases is real, and the clock is ticking. Speak to an Odessa lawyer at Carabin Shaw today at 1-800-862-1260.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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