Before Time Runs Out.
Can You Sue for Medical Malpractice in Texas?
If you’ve been injured due to a healthcare provider’s carelessness or negligence, it’s a good idea to get in touch with a medical malpractice lawyer as soon as possible.
The law limits the amount of time you have to file a lawsuit, but you could be in for a future packed with heavy-duty medical bills and continuing care expenses.
People who are harmed by doctors, nurses, midwives and other medical providers are often eligible to sue.
When you successfully sue a healthcare professional, the court may award you monetary damages to help pay your medical bills (past, current and future), cover your lost wages, and help you with other expenses.
The court may also award you punitive damages, which are designed to punish the medical professional or medical facility that harmed you.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider does something wrong. It’s typically more than a simple mistake. In order for your medical malpractice lawsuit to succeed, your attorney may need to prove that another medical provider in a similar situation wouldn’t have made the same choices your medical provider did.
Common Types of Medical Malpractice Cases
Improperly Prescribed Medication
Lack Of Action
Labor And Delivery Errors
Lack Of Informed Consent
Your attorney must be able to prove that you were injured or harmed by the medical professional’s actions (or, in some cases, inaction), and that you wouldn’t have been injured or harmed otherwise. Your injuries or illnesses must have been caused by the healthcare provider’s negligence or carelessness in order for your lawsuit to succeed.
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Can You Settle a Medical Malpractice Case?
Before you end up in a courtroom, your lawyer will try to negotiate a settlement with the healthcare provider’s insurance company. If you agree to a settlement amount, you don’t have to go to court at all – the insurance company pays you.
However, in many cases, insurance companies try to “lowball” medical malpractice victims. An insurance adjuster’s job is to save his or her company money; the best way to do that is to get you to accept a small amount. Sometimes the amount an insurance company offers is far less than what you’d get if you went to court. However, sometimes it’s pretty close – and accepting can keep you out of court, if that’s what you want.
It’s important to follow your attorney’s advice before accepting a settlement. Ultimately, the decision is yours, but your lawyer will be there to negotiate for you and help you get as fair a settlement as possible. If you can’t reach an agreement with the medical provider’s insurance company, your attorney will probably advise you to take the case to court. In court, a jury and judge will decide how much compensation you deserve.