Grapevine Medical Malpractice Lawyer
For many people, receiving medical care or taking a new prescription drug at the behest of their doctor improves their condition. These doctors are highly trained, and their extensive education and experience provide many patients with a sense of security. Doctors are not infallible, however, and their mistakes are often deadly.
When a doctor fails to meet the basic standard of care that applies to all medical professionals, they could face civil liability for any injuries they cause. This is true whether they made an error during surgery, prescribed a dangerous drug, or failed to diagnose a threatening condition.
If you sustained a medical injury due to a doctor’s error, let a skilled personal injury attorney evaluate your claim. If your doctor failed to uphold the normal standard of medical care, a Grapevine medical malpractice lawyer could hold them accountable through litigation.
Types of Medical Negligence
Medical malpractice comes in many forms. It can occur early in the diagnosis stage of an illness or during a surgical procedure. It can involve a careless mistake or even an intentional act. In any event, the potential for a severe outcome following a medical error is significant. The most common forms of medical malpractice include:
- Delayed diagnosis
- Surgical errors
- Birth injuries
- Failure to treat an illness
- Defective medical devices
A health care negligence attorney in Grapevine could assess a case and help determine if it is feasible to file for compensation.
Notice Requirements for Health Care Malpractice Cases
Although medical malpractice claims are essentially negligence lawsuits, there are some requirements that set them apart from other types of injury cases like motor vehicle collisions. Unlike with most negligence claims, a plaintiff must meet certain notice requirements before they can file a medical malpractice lawsuit in Grapevine.
According to Texas Civil Practice & Remedies Code Section 74.051, a Grapevine plaintiff or their medical malpractice attorney must send notice of the pending claim in writing to every health care provided named in the case. To comply with the malpractice statute, the plaintiff must provide this notice at least 60 days prior to filing the lawsuit. The plaintiff is required to send this notice by certified mail with a return receipt requested.
Affidavit of Merit
Another hurdle a Grapevine medical malpractice attorney must address in medical malpractice cases is known as the expert report. Section 74.051 requires each plaintiff to provide a written report from a medical expert to every defendant no later than 120 days after filing suit.
This report must speak to the merits of the plaintiff’s underlying cause of action. The report must be prepared by a medical expert with experience in the field relevant to the claim. The expert must outline the normal standard of care in these cases and provide their opinion on how the doctor violated that standard. The expert report should also link the violation of the standard of care to the plaintiff’s medical injuries. The court has the power to dismiss the case should the plaintiff fail to file the report on time.
Speak with a Grapevine Medical Malpractice Attorney
If you are living with the repercussions of a medical error, you could have the right to pursue a civil case against the negligent care provider responsible for your condition. These doctors, nurses, and hospitals are often protected by teams of lawyers and big insurance companies. Thankfully, a dedicated attorney could hold them accountable despite their resources.
If you are ready to move forward with your claim, let a Grapevine medical malpractice lawyer assist you from beginning to end. To get started, set up your case evaluation today.