Individuals often seek help from medical professionals when they are suffering from an illness, condition, or disease. When a medical professional’s negligence or incompetence leads to an injury, it may constitute cause for a lawsuit.
If you or a loved one have suffered an injury due to the faulty or negligent actions of a medical professional, a Grand Prairie medical malpractice lawyer may be able to help you seek compensation. They could investigate to check the validity of your claim and collect evidence to prove your case in court. Speak to an experienced personal injury lawyer to learn about how they could help you with your case. En Español.
Health Care Malpractice in Grand Prairie
Medical malpractice lawsuits are considered torts claims. In order to establish the fault of a doctor or hospital, a plaintiff may need to prove two essential elements. First, a plaintiff must show that the physician’s act or omission fell below the customary standard of care required by the situation. Moreover, a claimant must show that the doctor’s breach of duty was the legal cause of the injured party’s harm.
Duty of Care
In order to prove that a physician’s conduct was unprofessional or negligent, a claimant may be required to obtain a sworn opinion from an expert in the specific medical field. Plaintiffs have a deadline of 120 days from the date they filed the malpractice suit to acquire and serve the expert declaration.
The legal affidavit from a recognized medical professional must include certain elements. It needs to state exactly what standard practices would be customary for the procedure that injured the plaintiff. Additionally, the expert is asked to summarize the manner in which the defendant failed to comply with reasonable practices. Finally, the declaration must indicate that this breach of the doctor’s duty of due care was the legal cause of the claimant’s harm.
A seasoned medical negligence attorney in Grand Prairie could ensure that all supporting documents for a lawsuit are filed promptly and correctly.
For a free legal consultation with a Personal Injury lawyer serving Grand Prairie, call (817) 775-5364
Damages in Grand Prairie Medical Negligence Suits
Per Civil Practice and Remedies Code, a plaintiff may pursue actual damages for the costs of medical services caused by the malpractice, as well as other pecuniary losses. Individuals may be eligible to recover compensation for medical expenses, pain and suffering, loss of enjoyment of life, and lost wages.
Exemplary Damages
Exemplary, or punitive, damages, as defined by §41.003, may be available if the claimant is able to prove by a standard of clear and convincing evidence any of the following:
- Fraud
- Malice
- Gross negligence
In cases where there is more than one defendant, exemplary damages will apply to an individual defendant. The burden of proof of clear and convincing evidence will apply separately to each respondent in the lawsuit. It is best to speak to an experienced lawyer to learn about the type of damages someone in Grand Prairie may be eligible to recover for a healthcare malpractice case.
Grand Prairie Medical Malpractice Lawyer Near Me (817) 775-5364
Call a Medical Malpractice Attorney in Grand Prairie Today
If you were hurt in some way by a doctor or other medical professional, a Grand Prairie medical malpractice lawyer might assist you with legal action.
A legal consultation may be your first step towards receiving compensation for your injuries. Make an appointment to visit a Grand Prairie law office today.
Call (817) 775-5364 or complete a Free Case Evaluation form
