You trust your doctors, nurses, and other healthcare providers to diagnose illnesses, perform surgical procedures, and treat your medical conditions when you are ill or injured. In some cases, however, the standard of care that you receive from a medical professional is insufficient or unreasonable, given the circumstances. If you suffer injuries due to the carelessness of a healthcare provider, a Dallas medical malpractice lawyer might be able to help you get justice for your injuries.
Receiving compensation through a medical malpractice claim may be an option if you have been hurt due to receiving substandard medical care or treatment. An experienced personal injury lawyer can help hold negligent medical personnel accountable for their mistakes. You also might get compensation for your injuries that their negligence caused.
What Are Different Types of Medical Malpractice Claims?
Medical malpractice can arise out of various situations. However, as a knowledgeable lawyer in Dallas may advise, some types of medical negligence occurs more commonly than others. Each of these situations might result in a medical malpractice claim.
Failure to Diagnose
When patients have diseases or life-threatening medical conditions, their opportunity to successfully treat them may be limited. As a result, if doctors misdiagnose them or fail to diagnose their conditions altogether, they may have more limited and less effective treatment options.
Surgical Errors
From minor surgical procedures to major surgeries, errors can occur. In some cases, doctors have completed the wrong surgical procedure on a patient, performed surgery on the wrong part of the body, or failed to use anesthesia properly. Surgeons and surgical assistants also may have left foreign objects behind in the bodies of patients, causing future infections or other complications.
How Dangerous Are Prescription Errors?
Doctors, nurses, and pharmacists are trained to identify any potential interactions with medications that could cause adverse reactions or allergies. When a rotating staff cares for a hospitalized patient, or a nurse or pharmacist misreads a prescription or note by a doctor, patients may receive insufficient medication, too much medication, or the wrong medication altogether. These errors can cause severe adverse reactions in patients and can even be fatal in some instances.
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Damages in Medical Malpractice Claims
Injured parties who file medical malpractice claims can seek various damages, depending on the extent and permanency of their injuries. State law also places caps on non-economic damages, although not on economic damages. Some of the available damages may include:
- Pain and suffering from additional or unexpected injuries
- Lost wages and loss of future earnings if unable to return to work
- Medical bills to treat and repair injuries
- Emotional distress and the costs of therapy or treatment to address resulting mental health issues
As medical malpractice instances are often deeply personal and painful, they also cause a great deal of mental suffering. Dealing with the injuries stemming from the malpractice on top of existing injuries or medical conditions can be very taxing. A dedicated attorney in Dallas could assist individuals who have suffered injuries due to medical negligence.
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What Is The Statute of Limitations for Medical Malpractice Claims?
Most lawsuits are subject to a statute of limitations under state law, or a deadline by which injured parties must file their medical malpractice claims. Generally, under Texas Civil Practice and Remedies Code § 74.251, individuals must initiate medical malpractice claims within two years of the incident of malpractice. Additionally, individuals must file their claims promptly, but they also must include an expert report with their claims.
Some exceptions to this rule do exist. For instance, some patients do not discover medical errors or their injuries until long after the incident has occurred. Texas law gives individuals a maximum of ten years from the date that the healthcare malpractice occurred in which to bring their claim, as a diligent lawyer in Dallas could explain.
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Call a Medical Malpractice Attorney in Dallas for Advice
Medical malpractice actions can be complicated, as they require additional documentation such as an expert report to support their claims. Getting the evidence to support your claim within the appropriate timeframe may not be an easy task. As a result, contacting a Dallas medical malpractice lawyer for advice about your situation may be wise.
Due to the lengthy and complex nature of these claims, trying to handle them on your own could result in losing out on your chance to hold negligent medical personnel responsible for their actions. You also may be unable to seek damages from the responsible parties for their injuries.
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