The First Steps in Pursuing a Medical Malpractice Claim in Midland
When you visit a doctor, you expect them to help you. Most of the time, that’s the case. However, when medical professionals in Midland are overworked or careless, they can make mistakes, mistakes that could have drastic consequences. If you or a loved one has been a victim of Midland medical malpractice, you deserve compensation for this gross negligence. Professionals in the medical field must pay for the damages they cause patients. It’s just not right. Medical malpractice attorneys in Midland can help. At Carabin Shaw, we fight for patients and their families every day, winning the much-deserved recoupment they deserve for the tragedies they’ve endured. It’s crucial to understand and follow the first steps in pursuing a medical malpractice claim in Midland if you want to win your case.What to Do If You’ve Experienced Medical Malpractice
Medical malpractice happens when a medical professional harms a patient during treatment. This harm must be considered an act of negligence for it to be eligible as a medical malpractice claim. Doctors have a “duty of care” (also known as a “standard of care”) to patients, and negligence occurs when their treatment of a patient breaches this duty of care. There are a variety of factors that determine how duty of care is defined, including the patient’s specific illness or health condition and their age. For more details on duty of care related to your case, contact an attorney.
When pursuing a case for medical malpractice and misdiagnosis, there are a series of steps to take that can maximize the potential success of your case:
- Contact Your Doctor: It’s essential to contact your doctor before filing a claim to understand what happened and to verify if what happened can be remedied. Sometimes, healthcare professionals will offer free services to fix any problems they caused. Additionally, you will want to obtain a copy of your medical records, which will prove useful when building your case with your medical malpractice attorneys in Midland.
- Reach Out to the State Licensing Board: Although a state licensing board can’t provide compensation, they can assist you by taking action against the negligent party. They might issue warnings, as well as offer you guidance for how to proceed.
- Submit Notice Requirements: Per Texas Civil Practice & Remedies Code section 74.051, you must provide written notice of your Midland medical malpractice claim to every healthcare professional included in your lawsuit at least 60 days before filing. A lawyer typically submits this notice.
- Know the Statute of Limitations: The statute of limitations in Midland, like the rest of Texas, is two years from the date the injury was discovered or could have reasonably been discovered. If the injury occurred during recurring medical treatments, the two-year window begins on the final day of treatment. Texas also has a “statute of repose” concerning medical malpractice cases, which allows a case to be brought to court up to 10 years after the act of negligence occurred.
- Once Filed, Serve an Expert Report:Lastly, you are required to serve an expert report on each defendant within 120 days of filing your claim. If you submit these reports outside of the 120-day window, there is a big chance the court may dismiss your case. An attorney can explain the requirements of these reports and how to properly file them.
Nothing can fix the damage a negligent healthcare professional caused you or a loved one. However, the first step toward financial recovery is taking action against them to get justice for what they’ve done. If you’ve been a victim of Midland medical malpractice, don’t hesitate to make things right. Our team at Carabin Shaw knows how to win because we care about advocating for victims. Speak to a lawyer at our firm today.
Call us at 432-620-0544. You can also reach us by dialing toll-free 1-800-862-1260.