Patients generally accept some element of risk when they undergo surgeries and other medical procedures. However, should a risk come to fruition, the medical professional who comes face to face with that risk must help their patient by any and all measures of accepted medical standards. If the patient still suffers injuries after the doctor did everything in their power to keep them safe, they would not hold accountability.
On the other hand, if a risk presents itself in a patient under a medical provider’s care, and they negligently fail to take the patient-saving steps dictated by generally accepted medical standards, this constitutes medical malpractice. If your healthcare provider handled your medical care in a negligent manner, and you suffered harm as a result, you can hold them accountable for your damages.
An El Paso medical malpractice lawyer from Ben Crump Law, PLLC will inform you of your legal rights and options. We do not back down from tough cases, and you pay legal fees only when and if we win your case. Call us today at (800) 641-9889 for a free consultation.
Types of Medical Malpractice
Any time a medical professional neglects to follow accepted medical standards when treating their patients, and their patient becomes injured, they engage in medical malpractice or medical negligence. As you might imagine, this type of personal injury can take many forms, including:
- Medication errors
- Birth injuries
- Surgical mistakes
- Delayed C-sections
- Emergency room errors
- Anesthesia errors
- Hospital negligence
- Negligent early discharge
- Fetal injuries
- Failure to diagnose or misdiagnosis
- Radiology errors
- Nursing home abuse and neglect
- Unsafe blood injury
- Environmental events
Any of these occurrences can generate serious injuries—some that prove fatal. To recover compensation from the negligent party, however, can prove challenging for someone who does not fully understand medical malpractice law.
The legal team at Ben Crump Law, PLLC handles medical malpractice cases with a thorough understanding of Texas law and how it applies to an effort to recover damages. We will fight aggressively to get you the compensation you deserve.
For a free legal consultation with a medical malpractices lawyer serving El Paso, call 800-959-1444
We Will Establish Liability in Your Medical Malpractice Case
In the eyes of the law, medical malpractice does not take place any time a patient suffers injury while under a medical provider’s care. Several criteria must exist for a court to consider someone guilty of medical negligence or medical malpractice.
In order to pursue compensation for your injury, your lawyer must prove the following:
- Standard of Care: A doctor or other medical professional who treated you was duty-bound to meet the current standard of medical care by responding to your medical condition with the same expertise as would other professionals in their same field of medicine in the same situation. All doctors owe their patients this duty of care.
- Breach: The medical professional failed to provide this standard of care.
- Causation: This breach of duty caused you, the patient, to suffer an injury that the medical professional should have foreseen.
- Damages: This injury caused you to suffer damages (medical expenses, lost income, cost of future medical treatment, pain and suffering, etc.)
El Paso Medical Malpractices Lawyer Near Me 800-959-1444
Investigating Your Case
Any medical malpractice case is only as good as the evidence supporting it. When you hire an El Paso medical malpractice lawyer from Ben Crump Law, PLLC to handle your medical malpractice case, we will begin by building a foundation of evidence from a complete investigation of the medical experience that led to your injury. We will:
- Visit the medical facility where you received treatment
- Review facility records
- Review personnel records
- Obtain copies of your medical records
- View photos and footage from surveillance cameras
- Interview witnesses
We will identify the at-fault party (or parties) and hold them accountable for your losses.
Recoverable Damages in a Medical Malpractice Case
The compensation you stand to recover in your case depends on the type and severity of your injuries, which translate to the losses you suffer as a result of those injuries.
Some of the types of damages you might recover in your case include:
- Medical treatment costs
- Prescription medicines
- Rehabilitation or physical therapy
- Mobility devices
- Home modification
- Lost income and benefits
- Diminished future potential earnings
- Pain and suffering
Again, these are examples of just some of the types of damages you might recover. Your lawyer can tell you more about the types of damages that connect with your case.
If your loved one died from their medical malpractice injuries, you might consider pursuing a wrongful death action. A wrongful death attorney from our firm can represent you in this matter.
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Statute of Limitations and Other Medical Malpractice Laws in El Paso
Like other types of personal injury, a medical malpractice case in Texas endures certain state-imposed restrictions. For example, the state limits the amount of time you have to file a lawsuit for your medical malpractice injuries. As specified under Texas Civil Practice and Remedies Code §74.251, you must file your legal action within two years from the date that the breach of duty occurred or from the date that doctors completed the treatment related to your injury.
This means that you have two years from the day you suffered an injury due to the medical provider’s medical malpractice. If the treatment at issue was ongoing in nature, the two-year countdown begins the day you conclude your treatment.
Furthermore, Texas imposes something called a statute of repose. Under this law, once 10 years have passed since the date that the medical negligence happened, you can no longer file a medical malpractice lawsuit.
Finally, if the victim of medical malpractice is less than 12 years old, you must file your lawsuit before the child turns 14.
An El Paso Medical Malpractice Lawyer Can Help You
Ben Crump Law, PLLC prides itself on representing the underdog. We know that you placed a great deal of trust in your medical provider, and if they violated that trust through negligent actions that caused you injury, you deserve to receive compensation.
Call Ben Crump Law, PLLC, today at (800) 641-9889 for a free consultation.