When we visit our health care providers, we put our lives in their hands. However, while some medical professionals dedicate their lives to helping their patients, others do more harm than good. If a medical professional harmed you or a loved one, a Houston medical malpractice lawyer could seek compensation for your injury-related expenses.
At Loncar Lyon Jenkins, our Houston personal injury lawyers can gather evidence to show how you suffered harm because of medical malpractice. From there, we can file an insurance claim or lawsuit to help you secure financial recovery. To call in the Strong Arm, dial (877) 239-4878.
Understanding Texas’s Medical Malpractice Statute of Limitations
How long you have to file a medical malpractice lawsuit will largely rest on the facts of your case. For instance, if you lost a loved one due to medical malpractice, you would have two years from the date of their passing to file a wrongful death lawsuit, per Texas Civil Practice and Remedies Code §16.003.
However, if you suffered injuries due to medical malpractice, then you also have two years to file a lawsuit under Texas Civil Practice and Remedies Code §74.251. This timeline may be subject to change based on when you discovered the error or your injuries. Your lawyer can help you determine which timelines apply.
While two years may seem like a long time, you will want to do everything you can to safeguard your legal rights. If you fail to file your case within Texas’s statutory deadline, you may be unable to secure financial recovery for your expenses. To learn more about what bearing Texas’s statutes of limitations may have on your case, call Loncar Lyon Jenkins today.
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Examples of Medical Malpractice
There are many ways in which you could have suffered an injury. Sometimes, in medical malpractice cases, the fault rests on one party’s negligence. Other times, multiple parties could have failed to keep you safe. Your lawyer will evaluate the details of your situation to establish fault and liability for your injury-related expenses.
Some examples of medical malpractice include:
Suppose that a health care provider misdiagnosed your condition and prescribed treatment accordingly. This could have lifelong ramifications on your physical and mental health. You could recover compensation for the medical bills associated with the incorrect diagnosis and for the treatment needed to treat your actual health condition.
Failure to Examine One’s Medical History
Before making a diagnosis or providing treatment, health care providers must consult patients’ medical histories. For instance, if you have high blood pressure, certain medications could make your condition worse. Health care providers must take into account a variety of factors when administering treatment.
Prescribing the Wrong Medication
In this instance, liability could rest on your physician or pharmacist. Your physician must take special care to make sure that they administer the right medication and dosage. Your pharmacist must ensure that the prescription they are filling matches your doctor’s script. Otherwise, they could be held financially accountable if something goes wrong.
Not only must health care providers ensure their patients’ well-being, but they must also act appropriately at all times.
- Refraining from making sexual comments
- Only performing necessary physical examinations
- Upholding patient-doctor confidentiality
If a health care provider violates their ethics, not only could they find themselves subject to a medical malpractice claim, but they also risk losing their license.
There are other examples of medical malpractice than those that are on this list. A Houston medical malpractice lawyer can determine what caused your injuries and who can be held responsible. You can speak to a member of our team by calling us today at (877) 239-4878.
Compensable Damages in a Medical Malpractice Case
The monetary value of your case will rest on:
- How you were injured,
- The nature of your injuries, and
- Their impact on your quality of life.
Some compensable damages in your case may include:
Your Medical Bills
You may be able to recover compensation for the cost of your medical bills. As we noted earlier, this includes financial recovery for any necessary treatments you received.
It also includes money for:
- Assistive devices, such as a wheelchair
- Physical therapy
- Mental health counseling
- Surgical procedures
- Follow-up medical examinations
Your lawyer can also review your health insurance policy to see if your coverage options help with the cost of your expenses.
Your Lost Income
If your injuries prevented you from earning your regular income, you might be able to recover compensation for these losses. We can also help you seek financial recovery for any missed employment opportunities or bonuses.
Reduced Future Earning Capacity
Some injuries place limitations on your career ambitions. For instance, if you worked as a contractor, your injuries may prevent you from working in that field. If your injuries forced you to leave your job for a lower-paying one, you might be able to secure money for this expense.
Pain and Suffering
Some of your damages are not immediately visible. This includes your physical pain and emotional suffering. Your lawyer can help you recover compensation for the challenges your injuries placed on your life.
If your injuries left you with a long-term disability, you could receive compensation for this impairment. This is separate from the program set in place by the Social Security Administration.
Costs Associated with Wrongful Death
You may have lost a loved one due to medical malpractice.
If so, your lawyer may be able to help you recover a settlement to cover the following damages:
- Your loved one’s funeral and memorial service
- Loss of consortium
- Loss of household benefits
- Loss of parental guidance
- Loss of the decedent’s income
You may be eligible for damages not included here.
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Call Loncar Lyon Jenkins to Learn More About Your Options
A Houston medical malpractice lawyer can be your advocate during this challenging time. We can help you with the process of filing a successful medical malpractice claim or lawsuit. All you have to do is pick up the phone and give our team a call. We are determined to bring about a fair resolution to your case. To begin, call in the Strong Arm at (877) 239-4878.