There is no room for error when it comes to your medical care. When medical professionals make a mistake, the results can be devastating. Medical professionals should be accountable when they make mistakes that cause injuries and other types of harm.
If a medical care provider injured you, our Dallas medical malpractice lawyer will help you fight for compensation. At Loncar Lyon Jenkins, our Dallas personal injury lawyers specialize in medical malpractice cases and are ready to fight for damages to help you recover physically and financially.
Who Is Liable for Medical Malpractice in Dallas, TX?
Liability for medical errors varies from one case to the next, and multiple parties can be liable for an instance of medical malpractice in Dallas, TX. Our attorneys will review the evidence and determine who is liable for your damages.
Liable parties in your case may include:
Physicians are typically the first line of care a patient will see. Because of this early contact, physicians are also often the first party a lawyer evaluates for medical negligence.
Physicians may be negligent when they:
- Fail to diagnose
- Cause or fail to prevent birth injuries, including cerebral palsy, Erb’s palsy, Klumpke’s palsy, shoulder dystocia
- Mishandle medical records
- Cause or allows injuries to the mother during pregnancy or childbirth
- Use medical technology improperly
- Misdiagnose conditions
- Issue a delayed diagnosis
- Commit surgical errors, such as leaving instruments in a person during a surgical procedure
- Fail to implant a medical device properly
- Fail to warn the patient of risks in a specific treatment course or medical procedure
- Fail to observe allergies
- Commit anesthesia errors
Physicians have a great duty of care to their patients. Any harmful shortcomings may lead to a medical malpractice lawsuit in Dallas.
Hospitals may also have liability when a medical error causes harm to a patient. As medical providers, hospital administrators are responsible for vetting and monitoring employees and doing everything possible to reduce the risk of medical malpractice.
Hospital owners and administrators may be guilty of negligence when they:
- Fail to monitor patients
- Fail to monitor, maintain, and replace medical equipment
- Approve a misdiagnosis
- Release a patient prematurely
- Approve a patient for surgery who is not fit to endure the procedure
- Fail to take prompt and appropriate disciplinary action when a doctor commits an error
- Fail to take allergy precautions
- Fail to train or supervise staff properly
- Are the site of abusive behaviors by staff
- Maintain unsafe medical facilities
- Overbill patients
These are only a few examples of hospital negligence. If you believe that negligence by hospital employees caused you harm, a personal injury lawyer from Loncar Lyon Jenkins will work to hold the hospital financially responsible.
StatPearls notes that between 7,000 and 9,000 people die annually in the United States due to medication-related errors. Therefore, pharmacists and pharmacies that commit medication-related errors threaten lives and subject themselves to legal action.
Pharmacies may be responsible for a medication error when they:
- Administer the wrong medication
- Administer the wrong dose
- Fail to identify potential adverse drug interactions
- Fail to warn the patient of the potential dangers of a medication
A physician or other healthcare professional may be liable for similar medication errors.
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How to Prove Negligence in a Medical Malpractice Case
Medical malpractice cases are notoriously complex, and people who try to handle it alone may miss key steps in the process. There are four key elements to proving negligence in a medical malpractice case, which are:
- Standard of care: The medical professional or establishment has an obligation to each patient to act reasonably. A medical professional should provide the same prudence, attention, and caution as another medical professional in the same situation.
- Breach of duty: The medical professional or establishment breached the duty of care by not providing the standard level of care.
- Causation: The breach of duty caused the injuries to the patient.
- Damages: The patient’s injuries resulted in damages.
Your Dallas medical malpractice lawyer from Loncar Lyon Jenkins will make this case, citing evidence and documentation of damages to support our claims.
Damages You Could Recover in a Medical Malpractice Claim
Recoverable damages are the amount of money someone owes someone else for injuring them. There are economic damages, which account for those losses with a direct financial value, and non-economic damages, which compensate victims for intangible losses, like pain and suffering.
Recoverable damages in a medical malpractice claim may arise from:
- Current medical bills
- Future medical bills
- Lost income
- Diminished earning capacity
- Pain and suffering
- Treatment for pain and suffering
- Emotional distress
In some rare cases, you may qualify for punitive damages if the liable party was grossly negligent. Punitive damages are not common, but our lawyers will review your case to see if you can pursue this form of compensation. If not, we can still seek the more standard compensatory damages listed above.
Wrongful Death and Medical Malpractice
If you have lost a loved one to fatal medical malpractice, Loncar Lyon Jenkins offers its sincere condolences. Our attorneys will review your damages and calculate their value to determine the value of your claim. As with a medical malpractice injury case, we can seek compensation for economic and non-economic damages.
If the medical malpractice incident causes the patient to die, the family can also recover damages. In these cases, several other damages (including funeral expenses, loss of consortium, loss of financial support, and more) will be part of the case.
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Dallas Medical Malpractice FAQs
The medical malpractice claims process can often be confusing. Many victims hesitate to call a law firm for help because they’re intimidated and uncertain. Calling Loncar Lyon Jenkins, however, will allow you to focus on your recovery while we fight for fair compensation.
Below, we have addressed some of the most frequently asked questions surrounding medical malpractice claims in Dallas. If you have further questions, we can discuss them during your free consultation.
What Is Informed Consent?
Before receiving medical treatment or care, your healthcare providers must inform you of the side effects and risks. Once you have consented to medical treatment or care, this is referred to as informed consent.
This matters in medical malpractice cases, as healthcare providers often attempt to hide their medical mistakes behind informed consent. Your attorney will need to carefully examine the treatment you receive, your medical condition, and other factors to determine whether your injury or illness resulted from the risks and side effects associated with your treatment.
How Long do I Have to File My Lawsuit?
If you hope to move forward with a medical malpractice lawsuit in Texas, you must act quickly. The statute of limitations only allows for a maximum of two years before you lose the opportunity to file your lawsuit (Texas Civil Practice and Remedies Code § 16.003). There may be exceptions, though, so contact Loncar Lyon Jenkins even if more than two years have passed since the instance of medical malpractice.
If you hope to avoid your case being barred by the Dallas civil court system, make sure to get legal help as soon as possible. The sooner we get started on your case, the more likely we can recover the evidence we will need to prove liability.
Can I Settle With the Insurance Company?
You are certainly within your rights to settle with the insurance company. The healthcare provider responsible for causing your injuries will likely benefit from malpractice insurance. However, do not be surprised if the insurance company attempts to deny you the compensation you deserve.
Insurance companies are for-profit and care more about their financial interests than they do about victims of medical malpractice.
However, this should not release them from their financial obligation. If the insurance company attempts to make you a low offer or reduce your compensation under Texas proportionate responsibility laws, have your attorney step in and advocate for your rights.
How Can Shared Fault Affect My Case?
Texas follows proportionate responsibility laws with a 50% threshold. If your portion of liability does not exceed 50%, you can still recover compensation for your damages despite sharing fault. However, you should also expect the defense to attempt to place unwarranted blame on you.
For example, liable parties may argue that you failed to pursue follow-up care or are otherwise partially at fault for your injuries. Your Dallas medical malpractice lawyer will be by your side, ready to argue that liable parties are wholly responsible for your damages.
How Loncar Lyon Jenkins Will Fight for Your Compensation in Dallas
The Loncar Lyon Jenkins team prepares each case for trial. Insurance companies know the attorneys at our firm are not afraid to go to trial, and because of that, they may be more likely to present a fair settlement offer. Call in the Strong Arm to fight for the compensation you deserve.
We understand our clients may be under financial stress due to medical malpractice. That is why we offer free consultations to each potential client. We will discuss your legal options during each consultation and answer your questions.
We also work on a contingency-fee basis for most of our cases. This means you do not have to pay us any fees unless we recover compensation for your losses.
Our attorneys will fight for you to receive the fairest amount of compensation.
Call Loncar Lyon Jenkins Today for a Free Consultation
If you believe you or a loved one is a victim of medical malpractice, we can help. Our team has a history of helping medical malpractice victims in Dallas obtain the compensation they deserve.
The Dallas medical malpractice attorneys at Loncar Lyon Jenkins will work tirelessly on your legal matters so you can focus on recovering from your injuries. Call Loncar Lyon Jenkins today for your free consultation.