You can still pursue compensation through a medical malpractice claim even if your actions may have contributed to your injuries. However, the laws about how this could affect the outcome of your case will differ based on:
- Where you suffered malpractice injuries
- How much your actions contributed to your harm
- Other facts of the case
The best resource available to learn more about your options is a medical malpractice lawyer in Dallas. An attorney who handles these cases regularly can assess your case facts and offer guidance about the viability of your case, how this could affect your payout, and more. Most provide free consultations for victims of medical negligence.
What Will Happen If I Contributed to My Own Injuries After Medical Malpractice?
If your actions worsened your injuries or symptoms after medical malpractice, this could make recovering compensation in your case more complex. You will need strong evidence to show the doctor, hospital, or another party acted negligently and that your actions would not have caused the harm you suffered on their own.
The liable party may try to blame your injuries or worsening illness on you. If they can show your actions were the primary cause of the physical, emotional, and financial harm you suffered, this might be a valid defense. With a medical malpractice attorney on your side, you can present strong evidence that the doctor or facility acted negligently, which was the main cause of your injuries.
Some ways that a patient might contribute to their own harm include:
- Failing to include key aspects of their medical history
- Refusing to take medications or participate in prescribed therapies
- Going against doctor’s orders
However, evidence must show these actions contributed to the injuries in question to hold them against the victim. For example, disobeying a doctor’s orders or refusing medication may not cause harm if there has been a misdiagnosis.
How Do I Know How My Actions Will Affect My Medical Malpractice Case?
The best way to determine how your actions might affect your medical malpractice case is to hire an experienced lawyer who handles similar cases regularly. They will assess your options and discuss the applicable laws with you.
Your lawyer will determine the strength of your medical malpractice case and how your actions could affect the outcome. Each state has laws determining what happens if you contribute to your injuries. In Texas, there is a modified comparative negligence law outlined in Texas Civil Practice and Remedies Code § 33.001. Under this law, you can sue for compensation even if you played a role in causing your injuries.
The Texas modified comparative negligence standard allows you to hold another party accountable if you were less than 51 percent responsible for your injuries. However, the percentage you are found responsible will affect your payout. Your lawyer can explain more about how this will work based on your case facts.
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What Compensation Is Usually Available in a Winning Medical Malpractice Case?
When you hire a personal injury lawyer to manage your medical malpractice case, they will work to mitigate any effects your actions may have on your case while emphasizing the medical negligence that was the primary cause of your injuries. The goal of these claims is to recover fair compensation for the victim and hold the medical professionals accountable for their negligence.
Your lawyer will navigate the process to seek money for your expenses and losses, including both economic and noneconomic damages. The recoverable damages in a malpractice injury case could include:
- Medical bills for their malpractice injuries
- Future care and support costs
- Income losses
- Diminished earning ability
- Related costs with receipts
- Pain and suffering
- Other intangible losses
When a victim dies from their injuries before they can pursue an injury case, their family may recover compensation through a wrongful death claim.
How Could My Actions Affect the Payout in My Medical Malpractice Claim?
If you contributed to causing or worsening your injuries in a medical malpractice case, it could negatively affect your payout. If the case goes to trial, the jury might assign a percentage of fault to you. When this occurs, your payout would be reduced by the percentage of your fault. For example, if you were 10 percent at fault for your injuries, you would only receive 90 percent of the money the court grants you.
Since most of these cases settle without going to trial, you must consider this in your settlement negotiations. If you agree to a settlement that pays 90 percent of the money necessary to cover your damages, is this fair? Working with a medical malpractice lawyer who will manage this process can help alleviate many of these questions since they will provide guidance and advice based on their knowledge and experience.
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Should I Hire a Medical Malpractice Lawyer to Handle My Case?
Medical malpractice cases are difficult for victims to navigate on their own. The process is complex, and the necessary steps are often challenging for someone without experience handling similar cases. This is especially true for those with long-term or lasting injuries or who are still in treatment.
When you hire a medical malpractice lawyer, you hand your case over to them. They will manage your claim, document your damages, and fight for a fair payout based on the case facts. Lawyers know how to build compelling arguments to show liability and mitigate the effects of your actions.
Discuss Your Texas Medical Malpractice Injuries With Our Team Today for Free
At Loncar Lyon Jenkins, our team provides free consultations for victims of medical malpractice. Our attorneys represent injured parties or families who lost a loved one to medical negligence.
Call in the Strong Arm today to learn how we will fight for the money you deserve based on your case facts. We can meet virtually if you cannot come to our offices. Contact us today to get started.