Health care professionals are respected individuals who we often trust to take care of us, but they can make mistakes. When a health care provider makes a mistake that causes harm to a patient, this is medical malpractice.
If you suffered an injury or your loved one died because of the negligent actions of a medical professional, you may be entitled to receive compensation. You deserve to seek justice and hold physicians and other medical professionals accountable for the high standard of trust we place in them.
A Fort Worth medical malpractice lawyer at Ben Crump Law, PLLC may be able to help you. Call (800) 235-0444 for a free consultation. We can review the details of what happened to you, advise you of your legal options, and work to earn you a fair settlement. Since we operate on contingency, you will not owe us anything unless we can recover compensation for you.
Types of Medical Malpractice Cases
Medical malpractice is an overarching term for when a physician, other medical professional, or a health care administrator causes harm to a patient through their failure to provide the standard of care in a medical situation. This is most often unintentional.
There are many things that could be considered medical malpractice, and cases do not always fit into a category, but some of the most common types of medical malpractice claims include:
- Failure to diagnose
- Delayed diagnosis
- Misdiagnosis
- Failure to treat
- Surgical errors
- Birth injury
- Medical product liability
There are three main requirements for a health care provider’s actions to be considered medical malpractice: The patient was under the care of the medical professional, the medical professional failed to provide the standard of care, and that failure caused injury or other suffering.
For a free legal consultation with a medical malpractice lawyer serving Fort Worth, call 800-641-8998
Medical Malpractice Laws in Texas
The state of Texas has several specific procedural requirements for medical malpractice cases. If you want to pursue a medical malpractice claim in the Fort Worth area, here are the steps that you or your lawyer will have to take:
1. Provide Written Notice
The Texas Civil Practice and Remedies Code § 74.051 states that the plaintiff in a medical malpractice case must provide written notice to each health care provider named in the suit 60 days before filing the suit. If you hire a lawyer, they will take care of this for you.
2. Submit an Expert Report
After filing a medical malpractice suit, Texas Civil Practice and Remedies Code § 74.351 requires you to submit an expert report for each health care provider named in your case no later than 120 days after your lawsuit. This expert report is:
Proving medical malpractice hinges on the information contained in this expert report. To be considered a victim of malpractice, you must clearly prove that not only did your healthcare provider(s) fail to provide the standard of care, but also that that failure caused harm to you, and your injuries are not just a result of the original medical condition.
Medical malpractice cases are often challenging to prove, but the team at Ben Crump Law, PLLC does not shy away from tough cases. A Fort Worth medical malpractice lawyer will work to fulfill all the requirements to prove medical malpractice in Texas and pursue the compensation you deserve.
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Recoverable Damages for Medical Malpractice in Texas
If you suffered injury or harm because of a medical professional’s negligence, you may be entitled to receive compensation for your losses. The kinds of compensation you could recover are divided into two categories, economic and noneconomic. Economic damages you could recover because of a medical malpractice lawsuit include:
- Medical expenses
- Loss of earnings
- Loss of earning capacity
- Funeral expenses
Texas Civil Practice and Remedies Code § 74.301 limits the amount of recoverable noneconomic damages for medical malpractice cases against a health care provider to $250,000 for each claimant. These damages include:
- Pain and suffering
- Mental anguish
- Physical impairment
- Disfigurement
- Loss of consortium
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How the Statute of Limitations Could Affect Your Case
A statute of limitations is a law that places a time limit on how long you have to pursue legal action after a wrongful event occurs. According to Texas Civil Practice and Remedies Code § 74.251, the statute of limitations for health care liability claims in Texas is two years.
Because of this law, you typically cannot recover compensation in Texas if the malpractice occurred more than two years ago. However, there are some rare exceptions to this statute, and the time limit varies for minors, so you could still consult a Fort Worth medical malpractice lawyer to be sure you know your legal options.
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The Team at Ben Crump Law, PLLC Is Here for You
You deserve to receive compensation if you or your loved one suffered from medical malpractice. A Fort Worth medical malpractice lawyer at Ben Crump Law, PLLC is here to help you seek the compensation and justice you deserve so that you can focus on recovering knowing that we will take care of your case.
In an effort to prove your medical malpractice claim, our team may:
- Obtain and review your medical records.
- Find evidence of the injury, such as reports, videos, photos, and eyewitnesses.
- Review the records of the health care provider.
- Discover what other health care providers in similar specialties and situations would have done.
- Consult medical experts and obtain their testimony.
- Communicate with insurance providers.
We can also identify what damages you may be able to recover, file a lawsuit on your behalf, and firmly negotiate for you to receive a fair settlement. While most medical malpractice cases are settled out of court, we will go to court for you if necessary. Let us take on your case so you and your loved ones can spend your time healing.
Call (800) 235-0444 today to schedule a consultation at no cost and no obligation with the team at Ben Crump Law, PLLC. We will do our best to pursue justice for you, and since we work on contingency, you will not owe us anything unless we can negotiate a settlement for you.
Call or text 800-641-8998 or complete a Free Case Evaluation form
