Medical errors have been estimated to be the third leading cause of death in the U.S., only behind heart disease and cancer. Medical errors cause at least 250,000 deaths each year. Unfortunately, Texas laws make it difficult for medical malpractice victims to pursue their cases. However, if you have been harmed by a medical professional in Texas, you should talk to an attorney about pursuing compensation.
There are some elements to any medical malpractice claim that you must prove in order to be successful in your claim. First, you must be able to prove that a doctor-patient relationship existed. The harm that you incurred must have happened in the course of treatment. Next, you must be able to prove that the medical professional was negligent in some way. This normally involves proving that a similar doctor in the same community would have acted differently in the same situation. Third, you must be able to show that the medical professional’s negligence either caused or contributed to your injuries. Finally, you have damages that you can prove.
If you can prove all of the elements of a medical malpractice claim, you can receive compensation for your injuries, which can include your past and future medical expenses, time missed from work, and pain and suffering. However, Texas puts a cap on the amount of allowable damages.
If you have been harmed by a medical professional, you should speak with an attorney. Although Texas law is not friendly to medical malpractice claims, you can still be successful and should pursue one if you have been injured. We can help. Call us today to learn more or to schedule your free consultation.