Doctors and other healthcare professionals are not infallible. When they make mistakes that hurt others, they should be held accountable for their inability to provide the standard of care. If you or a loved one suffered medical malpractice in Tyler, TX, a lawyer from Loncar Lyon Jenkins can build your case.
How Our Team Will Advocate for You
Medical malpractice is not a matter that should be taken lightly – and the legal process itself can be a daunting experience. Firstly, you will need an affidavit of merit signed by a third-party medical professional proving that your case is valid. You must have this document signed and filed within 120 days of submitting your case.
Secondly, you will need to file your case within the state’s statute of limitations. Texas Civil Practice and Remedies Code § 74.251 says that you could have as little as two years to file your medical malpractice lawsuit in Tyler. However, this timeline could be different, depending on the date of when you discovered the error.
With Loncar Lyon Jenkins’ team in Tyler on your side, your medical malpractice lawyer can:
- Secure an affidavit of merit from one of our medical consultants
- File your case within the state’s mandatory deadline
- Gather evidence to prove that you were harmed
- Assign value to your losses
- Determine your financial recovery options
- Assert the validity of your case
We have successfully secured compensation for medical malpractice claimants in the past. We will seek the highest possible settlement for your case.
Each of Your Malpractice-Related Damages is Compensable
Texas does not require healthcare professionals to carry medical malpractice insurance, according to the Texas Department of Insurance (TDI). Do not let this information prevent you from taking legal action, though.
If the negligent healthcare provider in your case doesn’t have insurance, then:
- We can file a lawsuit against them and take your case to civil court.
- We can file a claim with the medical facility that employed them.
Here is a list of damages that you could be eligible to collect:
This loss not only includes the cost of the poor treatment you received but also the medical expenses you will need in the future. Anticipated medical expenses can include the cost of treatment, surgery, and hospitalization.
If your injuries or poor health condition caused you to lose income, we can secure information from your employer to calculate this amount. We can also determine the cost of your reduced earning capacity if you qualify.
Pain and Suffering
The value of your pain and suffering–which compensates you for the physical and emotional hardships of your condition–will be calculated based on your:
- Day-to-day function
- Interpersonal relationships with others
- Recovery period
- The value of your other losses
Some medical errors can leave patients permanently disabled. To cope with this hardship, you can seek compensation for this expense. Compensable losses in this category could encompass:
- Assistive medical devices
- In-home modifications
- In-home nursing
- Residency at a specialized care facility
- Physical therapy, speech therapy, or hydrotherapy
- Prosthetic devices
We Can Help You Seek Compensation if You Lost a Loved One
Johns Hopkins Medicine says that medical errors are the third-leading cause of death throughout the country. If you lost a loved one in this manner, you could recover the following damages:
Your Loved One’s Healthcare Expenses
If your loved one required additional treatment or needed specialized care before they passed away, we can secure compensation for this expense.
You should not have to worry about your financial hardships while laying your loved one to rest. Here are some things that we can include as part of your wrongful death claim or lawsuit:
- The casket
- The burial plot
- The headstone
- The cost of reserving a venue
Loss of Consortium
If you lost a spouse to medical malpractice, you can recover compensation for the loss of their affection, companionship, and society.
This list consists of only some of the losses that you could include as part of your wrongful death case. Similar to the deadline we listed above, you generally have two years from the day of your loved one’s passing to file your medical malpractice lawsuit in Tyler.
What Constitutes Medical Malpractice?
Medical Principles and Practice says that medication errors are the leading cause of medical malpractice. This situation can apply when a medication was improperly filled, prescribed, or administered.
Other instances of medical malpractice can include:
- Operating on the wrong body party
- Performing the wrong surgery
- Incorrectly administering treatment
- Failing to act in a timely manner
- Rendering a misdiagnosis
- Failing to diagnose one’s condition
- Failing to reviews a patient’s medical history
The at-fault parties in your case could include a negligent doctor, nurse, pharmacist, or medical facility.
Two Commonly Asked Questions
We want us to be on the “same page” during our partnership. We want to pre-emptively answer two of the most commonly asked questions we get when people call our firm:
How Much does it Cost to Work with a Medical Malpractice Lawyer in Tyler?
Loncar Lyon Jenkins serves Texans on a contingency-fee basis, meaning:
- You do not have to worry about paying anything upfront for your case review or your lawyer’s services.
- Payment for our help comes from your settlement or court award as a mutually agreed-upon percentage.
- If we don’t win your case, you don’t owe us our attorney’s fees.
How Long will it Take to Resolve Your Case?
Honestly, we can’t answer this question without reviewing your situation first. Some healthcare providers are eager to settle claims because they want to limit the damage to their reputation. Other times, they will fight tooth and nail against any allegations that they did something wrong.
Building a medical malpractice case can take months. However, we do not want this to deter you from seeking legal aid. Our firm will conduct business in a timely manner so that your case continues moving forward. We will also address any hindrances that stall the progression of your case.
Call in the Strong Arm Today
You can learn more about your options by contacting Loncar Lyon Jenkins today at (877) 239-4878. The first call is free and without any obligation.