Medical malpractice is one of the most frequent causes of death around the country. Errors made by doctors, nurses and other medical professionals could have devastating consequences
If you or a loved one were injured due to a health care professional’s negligence, you may be able eligible to seek compensation for your injuries with the help of a skilled personal injury lawyer. Contact an Arlington medical malpractice lawyer to learn more about how they could help your case. En Español.
How Does Medical Negligence Occur?
Medical malpractice occurs when a patient is harmed rather than healed during the course of their healthcare treatment. To be actionable, medical malpractice must be the result of negligence. Negligence is a legal theory which requires the plaintiff’s Arlington medical malpractice lawyer to prove that the defendant breached their duty of care to a patient which resulted in an injury and caused damage.
To prove medical negligence, a knowledgeable lawyer in Arlington will also need to prove that the physician must have failed to treat their patient according to the applicable standard of care. The standard of care could depend on many things, including the patient’s age, health, and the expected complications of treatment or procedure.
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The Statute of Limitations for Health Care Malpractice Claims
In the state, the statute of limitations requires injured patients to file a medical malpractice lawsuit within two years of the malpractice. The two-year limit begins running from the date when the malpractice was discovered or the date when the injury could have reasonably been discovered.
In addition to the statute of limitations, Texas also follows a statute of repose. This statute states that no matter when the medical malpractice was discovered, an injured person must file a lawsuit within ten years of the date of the injury according to Texas Civil Practice & Remedies §74.001. This means the injured claimant would have to file a lawsuit within two years of the negligent act if they are aware that it occurred. If the patient does not know about the error until several years later, that person could still file a lawsuit within two years of the date they discovered the malpractice, so long as it has not been more than ten years from the date of the initial surgery.
Patients filing a medical malpractice lawsuit are required to provide notice to the defendants of their impending lawsuit at least sixty days prior to beginning their case. They must also file an affidavit of merit within 120 days after the case begins. This affidavit must be from a medical expert and will provide that expert’s opinion about the standard of care that should have been provided, how the defendant failed to meet that standard, and the relationship between a physician’s actions and a patient’s injury.
An Arlington healthcare malpractice attorney could ensure that the claim and supporting documents are filed within the statute of limitations.
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Recovering Compensation for Physician Errors
In a medical malpractice case, an injured claimant could recover compensation for economic damages and non-economic damages. Economic damages are compensation for an individual’s actual monetary losses such as medical expenses, lost income, or other financial losses. There is no limit to the amount of money a person can recover for their economic losses.
Like most states, the Texas legislature has enacted a law which caps the amount of non-economic damages an injured claimant could recover in a medical malpractice case. Unlike economic damages, non-economic damages compensate a person for their subjective losses such as their pain and suffering, emotional distress, or loss of companionship.
Non-economic damages in Texas are capped at $250,000 seeking compensation from a singular defendant. If there are multiple defendants in a case, the cap is set at $500,000. A qualified attorney in Arlington could help someone recover the maximum amount of compensation for their health care malpractice case.
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Seek Help from a Medical Malpractice Attorney in Arlington Today
Medical malpractice cases could be complicated, and there are many requirements that must be followed to successfully prove negligence. If you were injured by a doctor or a hospital’s negligence, it is important to seek help from a seasoned Arlington medical malpractice lawyer to begin your case as soon as possible. Call our office today to get started.
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