What You Should Consider Before Filing a Medical Malpractice Lawsuit in Harlingen
If you’ve been sick or injured in Harlingen, chances are you’ve been to a doctor’s office, urgent care or emergency room. Your goal is to get better. However, you may not receive adequate care if your doctor is rushing, overworked, neglectful, or poorly trained. If your doctor improperly assessed or treated you, you might need a Carabin Shaw lawyer to file a Harlingen medical malpractice lawsuit on your behalf.What You Need to Know About Medical Malpractice Cases
- Negligence: For improper medical treatment to rise to the level of malpractice, it must be negligent. Negligence is determined by whether the doctor or medical professional violated the generally accepted standard of care. Our Harlingen hospital negligence lawyers will work with medical experts to prove that your doctor’s treatment did not rise to the accepted standard of care.
- Statute of Limitations: In Texas, you must file a medical malpractice suit no later than two years from the date of the malpractice or the date the malpractice could reasonably be discovered. Two years is not a long time, especially if you don’t immediately identify the mistake in your treatment. Having a medical malpractice attorney serving Harlingen on your side is the best way to protect your interests. He or she will take care of you and make sure you don’t miss any deadlines and forfeit your ability to file a suit.
- Notice Before Filing: Before you file a Harlingen medical malpractice claim, you must give notice of your intent to file suit to the defendants at least 60 days before you file. As you can see, requirements like this make the two-year statute of limitations even more critical. Your attorney will have both medical and legal resources to ensure you meet all the conditions for filing your lawsuit.
- Expert Report: In addition to providing the defendants in your suit notice before you file, you also must provide the defendants with a report from a medical expert within 120 days of filing the lawsuit. The kind of medical professional who qualifies to submit this expert report depends on the defendant’s role in your care. For instance, if your suit is against a physician, a physician must be the expert. Our Harlingen hospital negligence lawyers will explain the requirements for the expert report in your particular case and work with you to secure the report.
- Economic Damages: There are several types of damages you can recover in a Harlingen medical malpractice lawsuit. Economic damages compensate you for specific expenses you incur concerning your medical malpractice claim. Expenses such as medical bills and lost wages are economic damages, and there is no cap on how much you can receive in economic damages.
- Noneconomic Damages: Noneconomic damages are awarded for non-monetary harm, such as pain and suffering and loss of consortium. The cap on noneconomic damages is $250,000 for medical professionals and $250,000 for medical entities. If your suit names both medical professionals and entities as defendants, the total cap on noneconomic damages is $500,000. Your lawyer will scrutinize your case to determine how this cap applies.
- Punitive Damages: If the negligence in your case was particularly willful or egregious, the court could award you punitive damages. Punitive damages are uncommon and are meant to prevent the defendant from committing similar malpractice in the future.
By now you’re probably wondering, “Who are the best medical negligence lawyers near me? Does it cost anything to talk to one?” At Carabin Shaw, we’re happy to provide you with a free consultation with an experienced medical malpractice attorney in Harlingen.
Call 800-862-1260 today to discuss your options. Our expert attorneys will assess your case and fight for the compensation you deserve.