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 held accountable when they make mistakes that cause serious injuries.
If you were injured by a medical care provider, our Dallas medical malpractice lawyer can help you recover compensation. At Loncar Lyon Jenkins, we specialize in medical malpractice cases and are ready to fight for damages to help you recover physically and financially.
Who Can Be Liable for Medical Malpractice?
There are several parties who can be held liable for medical malpractice. With so many moving parts in a medical setting, one or more parties can be liable. These parties can include any or all the following entities.
Typically, physicians are the first line of care that a patient will see. Because of this, they are also often the first party that is thought to have provided negligent care.
Types of medical malpractice cases involving physicians can include:
- Failure to diagnose
- Birth injuries
- Injuries to the baby, including cerebral palsy, Erb’s palsy, Klumpke’s palsy, shoulder dystocia, failure to recognize fetal distress, and failure to respond to hypoxia or dehydration.
- Injuries to the mother, including failure to timely perform a C-section, mismanagement of delivery, nerve damage, or a bleeding injury.
- Failure to properly use medical technology/read test results
- Failure to properly implant a device
- Failure to observe allergies
- Anesthesia mismanagement
Usually, hospital errors are next in line for medical malpractice suits. Unless the hospital knowingly employs a physician with a history of mental illness or drug and alcohol abuse, professional negligence by someone other than a doctor is typical cause of medical malpractice. This may include the following:
- Failure to monitor patient/safety equipment
- Misdiagnose and release
- Improperly cleared for surgery
- Failure to take prompt and appropriate disciplinary action when a doctor commits errors or gross abuse
- Failure to take allergy precautions
- Failure to properly train or supervise staff
- Failure to evaluate, test, diagnose, and treat retinopathy of prematurity, leading to impaired vision or blindness
- Failure to diagnose stroke/concussion
- Nursing home neglect/abuse
The public first took notice in 1999 when the Institute of Medicine (IOM) released a report, “To Err is Human: Building a Safer Health System.” According to the report, between 44,000 and 98,000 deaths may result each year from medical errors in hospitals alone. And more than 7,000 deaths each year are related to medications.
Some common types of pharmacy errors include:
- Wrong drug
- Wrong dose
- Failure to identify drug interactions or contraindications
For a free legal consultation with a Medical Malpractice lawyer serving Dallas, call 877-239-4878
How to Prove Negligence in a Medical Malpractice Case
In a medical malpractice case, there are four key elements to proving negligence. These include:
- Duty of care: The medical professional or establishment has an obligation to each patient to maintain a standard level of care. 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: It is proven that the breach of duty caused the injuries to the patient.
- Damages: The patient’s injuries resulted in damages.
Dallas Medical Malpractice Lawyer Near Me 877-239-4878
Damages You Could Recover in a Medical Malpractice Claim
To receive compensation, you must prove your injuries resulted in damages. Recoverable damages are the amount of money someone owes someone else for injuring them. Recoverable damages in a medical malpractice claim could include:
- Medical bills
- Future medical bills
- Lost income
- Diminished earning capacity
- Pain and suffering
- Emotional distress
Our attorneys will review your damages and calculate their value to determine the value of your claim. If the medical malpractice incident causes the patient to die, the family can also recover damages. In these cases, burial and funeral costs can be included in the claim.
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Dallas Medical Malpractice FAQ
The medical malpractice claims process can often be confusing. Many victims hesitate to call a lawyer for help because they do not understand how the process works and have many unanswered questions.
With this in mind, we have addressed some of the most frequently asked questions surrounding medical malpractice claims in Dallas below. If you have further questions, we can discuss them during your free consultation.
What Is Informed Consent?
Before you can receive medical treatment or care, your healthcare providers are required to inform you of the side effects and risks. Once you have given your consent for 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 was caused by the risks and side effects associated with your treatment.
How Long Do I Have to File My Lawsuit?
If you are hoping 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 to pass before you lose the opportunity to file your lawsuit (Texas Civil Practice and Remedies Code § 16.003)
However, medical malpractice cases are notoriously difficult when it comes to the statute of limitations. The exact date that the statute of limitations will expire for your case may vary widely.
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 it is we can recover the evidence we will need to prove liability.
Can I ettle With the Insurance Company?
You are certainly within your rights to settle with the insurance company. It is likely that the healthcare provider responsible for causing your injuries will be protected by some type of malpractice insurance. However, do not be surprised if the insurance company attempts to deny you the compensation that you deserve.
Insurance companies are for-profit and care more about their own financial interests than they do about the way your life has been affected by your healthcare provider’s negligence.
However, this should not release them from their financial obligation. If the insurance company attempts to make you an insultingly low offer or reduce your compensation under Texas proportionate responsibility laws, make sure to 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, they may argue that you failed to receive follow-up care, follow up after care instructions, or are otherwise partially at fault for your injuries. Your Dallas medical malpractice lawyer will be by your side, ready to ensure liability is evaluated accurately in your medical malpractice case.
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How Loncar Lyon Jenkins Can Help You Recover Compensation in Dallas County
At our firm, we prepare each case for a trial. Insurance companies know the attorneys at our firm are not afraid to go to trial and, because of that, they are more likely to present a fair settlement offer. We will be the Strong Arm you can lean on for support throughout your case.
We understand our clients may be under financial stress after being injured due to medical malpractice. That is why we offer free consultations to each potential client. During each consultation, we will discuss your legal options 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 help you recover compensation for your losses.
Our attorneys will fight for you to receive the fairest amount of compensation. If a fair settlement cannot be reached, we will fight for your right to receive compensation in a trial.
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 our clients receive the compensation they deserve. We have managed many claims of medical malpractice and are prepared for any legal barriers that may arise.
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. Contact us today for a free consultation.