Most of us rely on our doctors and medical providers to give us the best possible care, and we typically trust them to diagnose and treat our conditions correctly. Unfortunately, that is not always the case, as healthcare providers can make poor judgement decisions and cost patients their health or even their lives.
Healthcare providers are tasked with treating conditions, reviewing medical records, notifying patients about health risks, and even referring patients when required. In the event that your healthcare provider failed to perform a surgery or procedure correctly, did not notify you of a risk to your health, neglected or abused you, provided the wrong medication, or used defective medical devices on you, you may be left with injuries, emotional distress, and other damages.
At Loncar Lyon Jenkins, a Dallas medical malpractice lawyer may be able to help you fight for compensation against the healthcare provider who was responsible for medical malpractice. Even if you are only concerned about the level of care you or a loved one has recently received form a healthcare provider, Loncar Lyon Jenkins may be able to investigate the situation to uncover medical malpractice.
To begin a free case review with Loncar Lyon Jenkins, call us today at 800-777-7777.
Understanding Medical Malpractice and Claims
As defined by the American Board of Professional Liability Attorneys (ABPLA), medical malpractice takes place “when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient.” The healthcare provider may be found negligent in several ways, such as from their treatment or initial diagnosis, or from your aftercare.
According to Forbes, over $3 billion was paid to victims of medical malpractice in 2012. In order to earn a settlement for medical malpractice, you will likely have to present a strong case with evidence that supports your claim.
For instance, the ABPLA states that there are three main aspects of a medical malpractice claim, which include:
- A breach in standard of care against the patient
- An injury that was directly caused by the healthcare provider’s negligence
- An injury that led to additional damages, such as lost wages, loss of consortium, etc.
The ABPLA states that “the law acknowledges that there are certain medical standards that are recognized by the profession as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances.” Essentially, this defines the standard of care owed to patients with a healthcare provider. Every patient has the right to expect quality care under these conditions when they seek medical attention, and when this standard of care is breached, medical malpractice may be uncovered.
Even if a healthcare provider failed to provide you with a standard of care, you will likely still have to prove that negligence was involved. If there was no negligence involved, you may not have a viable medical malpractice case against the healthcare provider.
Finally, you must also demonstrate that you have suffered real and significant damages due to a healthcare provider’s medical malpractice. Damages from medical malpractice may show that you have been faced with significant medical bills, both current and future. Additionally, you may also be subject to frequent pain and suffering, lost wages, disability, and more.
A Dallas medical malpractice attorney from Loncar Lyon Jenkins may be able to help you identify all of your damages following a free case review, which can all be presented against the defendant when seeking a settlement.
For a free legal consultation with a medical malpractice lawyer serving Dallas, call 800-777-7777
Texas’ Statute of Limitations for Medical Malpractice
In order to file and present your medical malpractice claim in the State of Texas, you must do so within the statute of limitations. According to Texas Civil Practice & Remedies Code Section 74.251(a), you may be able to file a medical malpractice claim against the healthcare provider within two years from the date of your breach in care or from the completion of treatment that involved negligence.
This means that you will have two years to gather all of the necessary evidence you may be required to obtain and present to win your case. At Loncar Lyon Jenkins, a Dallas medical malpractice lawyer may be able to help you fight for a successful outcome while also helping you determine how much compensation you may be entitled to.
To learn more about building a medical malpractice case with Loncar Lyon Jenkins, call us today at 800-777-7777 to begin a free case review.
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Conditions That Do Not Fall Under Medical Malpractice
As the ABPLA suggests, you may not always have a medical malpractice case when there is only an unfavorable outcome during a procedure or overall experience with a healthcare provider.
Even if you undergo surgery and later begin to notice that your condition is worsening, you may not necessarily be entitled to a medical malpractice claim. For example, if you were diagnosed with cancer and begin chemotherapy treatment but begin to experience worse symptoms due to your cancer, you may not have the means of filing a medical malpractice claim against the medical provider.
However, if the healthcare provider failed to diagnose your condition correctly, then you may be able to file a claim under medical malpractice. Furthermore, not all conditions are treatable, which means you may also not be able to file a medical malpractice claim if your condition was incurable after they provide you with the correct diagnosis and treatment.
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Seek Justice for Medical Malpractice With Loncar Lyon Jenkins
In the event that negligence was behind your recent surgery, diagnosis, treatment, or other involvements with a healthcare provider, you may be entitled to file a medical malpractice claim. At Loncar Lyon Jenkins, a Dallas medical malpractice lawyer may be able to help you determine your legal recourse options following a free case review. To begin your path to justice with Loncar Lyon Jenkins, call us today at 800-777-7777.