Every medical professional in Texas has a “standard of care” they are expected to meet with their patients. Therefore, any doctor, nurse, or provider who fails to meet the standard could be civilly liable for the harm a patient suffers due to their misconduct; however, the standard of care that a healthcare provider must adhere to changes substantially depending on the circumstances, and there are numerous regulations and restrictions on civil claims against doctors that do not apply to other personal injury cases.
Fortunately, you have help from our knowledgeable Colleyville medical malpractice lawyers with a track record of helping people like you get positive case results. From beginning to end of your legal proceedings, your dedicated personal injury lawyer could protect your rights and work diligently to get you every cent of the compensation you deserve for your damages. Contact us today for more information.
Unique Rules for Filing a Medical Malpractice Claim
Unlike those filing standard personal injury claims, anyone who wants to file suit against a healthcare professional or organization over an injury or illness allegedly caused by malpractice must notify all prospective defendants—or anyone they intend to sue—in writing before filing. According to Texas Civil Practice & Remedies Code §74.051, prospective plaintiffs must send the notice and accompanying documents by certified mail at least 60 days before they file their claim.
Additionally, within 120 days of their claim’s formal start date, the injured patient generally must serve the defendant with an “expert report” written by a medical expert stating that the patient has valid grounds to file suit. As a Colleyville medical negligence attorney can further explain, plaintiffs can ask the court for a “preliminary determination” about whether they need to fulfill this expert report requirement in limited circumstances; however, if the court rules that a plaintiff is subject to this requirement, they have 60 days to generate and submit the report.
For a free legal consultation with a Personal Injury lawyer serving Colleyville, call (817) 775-5364
Recovering Compensation for Injuries and Losses
A successful lawsuit or settlement demand for medical malpractice can award the plaintiff economic and non-economic damages for their injury-related losses, such as:
- Medical expenses for additional care, including expected costs of future care
- Lost income or working capability
- Disability-related costs for things like wheelchairs and home/vehicle modifications
- Physical pain and suffering
- Psychological and emotional distress
- Lost enjoyment of life, including lost consortium
Importantly, TX Civ. Prac. & Rem. Code §74.301 “caps” recovery for non- economic damages in these claims at $250,000 from a single provider or institution and $500,000 total for a single plaintiff. Injured patients must also make sure to formally file suit, with help from a skilled lawyer in Colleyville, within two years of the medical malpractice or within ten years of the negligent act.
Colleyville Medical Malpractice Lawyer Near Me (817) 775-5364
Get in Touch with a Talented Medical Malpractice Attorney in Colleyville to Discuss a Case
It goes without saying that medical malpractice lawsuits can be exceptionally complex, even by the usual standards of personal injury litigation. That said, you can receive a favorable outcome from this sort of claim, especially when you work closely with a capable and compassionate legal professional.
Guidance from our Colleyville medical malpractice lawyers could make a world of difference in the outcome of your case. Call our determined legal team members today to schedule your consultation and let us get started on your case.
Call (817) 775-5364 or complete a Free Case Evaluation form
