Dallas Medical Malpractice Attorney
Holding Negligent Providers Accountable in DFW
Medical practitioners are among the most distinguished professionals in our society, but with great power comes great responsibility. Healthcare professionals who neglect to provide proper treatment can inflict great harm on those who rely on their expertise and care. When a patient's negligent treatment results in a wrongful injury, the victim may be entitled to compensation by filing a medical malpractice claim.
Medical malpractice lawsuits are known for their complexities and are often referred to as the “battle of the experts” due to the particularities of medical evidence required to prove liability. While it can be difficult to navigate the physical, financial, and emotional burdens of recovery, you don’t have to fight alone. Our Dallas attorneys have a proven track record of results in medical malpractice lawsuits. With tens of millions of dollars recovered for the wrongfully injured, you can trust MR.LAW Accident & Injury Attorneys to pursue the maximum compensation you deserve.
If you or a loved one was seriously injured as a result of a preventable medical error, contact us online to discuss your case.
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What Constitutes Medical Malpractice in Texas?
Medical malpractice occurs when a healthcare provider fails to provide the appropriate standard of care and harms the patient. In Texas, patients can file a medical malpractice claim against a physician or healthcare provider who inflicts injury by deviating from the accepted standard of care.
However, not all mistakes made by healthcare professionals constitute medical malpractice. In order to have a valid claim, it must be proven that the provider’s action or inaction was below the accepted standard of care and directly caused harm to the patient. Partnering with a skilled medical malpractice attorney is critical to recovering fair compensation.
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Common Causes of Medical Malpractice
Medical malpractice can occur for a variety of reasons, including diagnosis, drug administration, health management, therapy, and follow-up. Below are some common medical errors leading to medical malpractice lawsuits:
- Misdiagnosis
- Immature discharge
- Failure to order proper medical tests
- Improper or unnecessary procedures
- Failure to administer appropriate follow-up treatments
- Giving an incorrect dosage or improper medication
- Leaving foreign objects inside a patient during surgery
- Performing surgery on the wrong limb or side of the body
- Improper sterilization technique leading to infection
- Negligence leading to pressure ulcers or bed sores
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Types of Medical Malpractice Claims We Handle
With tens of millions of dollars recovered for clients throughout the Dallas-Fort Worth Metroplex, our advocates are well-versed in Texas law to pursue the maximum compensation you deserve. Common medical malpractice claims we handle include:
- Failure to diagnose: Failure to diagnose occurs when a provider misdiagnoses or fails to diagnose a patient, despite signs that are consistent with the patient having a certain illness. This can lead to delayed treatment, incorrect treatment, and other life-altering consequences for medical malpractice victims.
- Improper treatment: Even when a provider correctly diagnoses a patient, administering incorrect treatment that deviates from the standard of care can result in serious injuries and constitute a medical malpractice claim. Improper treatments can occur at any time while caring for a patient.
- Failure to warn of known risks: Under the informed consent doctrine, providers are required to warn patients of all reasonable risks and information that may influence the patient’s decision to consent to a proposed treatment. This includes informing the patient of safe, available alternatives, including the option of no treatment. If a provider fails to fully inform the patient of the risks and benefits of a treatment or procedure that results in harm, the patient may be entitled to damages in a medical malpractice lawsuit.
Our medical malpractice attorneys also have extensive experience handling birth injuries, spinal cord injuries, defective hernia mesh, and more.
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Proving Liability in a Medical Malpractice Lawsuit
Medical errors happen all the time. However, merely sustaining an injury isn’t enough to collect damages in court. The medical error must meet specific criteria to warrant a medical malpractice lawsuit.
Because the plaintiff bears the burden of proof in medical malpractice claims, seeking sound counsel is imperative to recover fair compensation for medical bills, lost wages, pain and suffering, and other losses.
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How Can I Determine if Medical Malpractice Was Committed?
To recover damages in a medical malpractice lawsuit, the plaintiff must prove that the healthcare professional is liable for their injuries. Determining liability can be complex, especially when large medical organizations and insurers are involved. Partnering with a qualified medical malpractice attorney is important to ensure you’re compensated fairly.
Our attorneys can help you establish liability in your medical malpractice claim by establishing these necessary elements:
- Duty of Care: You must show that the provider owed you a duty of care by establishing the doctor-patient relationship.
- Breach of Duty: You must prove that the negligent provider deviated from the standard of care that another provider would have provided in similar circumstances.
- Causation: You must establish that the provider’s negligent action or inaction directly caused their injury.
- Damages: Negligence in itself isn’t sufficient to recover compensation. Instead, you must demonstrate that you suffered actual harm (“damages”) as a result of the medical malpractice.
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What Damages Are Recoverable in a Medical Malpractice Claim?
Medical errors can result in life-altering consequences for patients, leading to severe impacts on their quality of life and well-being. Regardless of the provider’s intent, it’s crucial to hold negligent healthcare professionals accountable for inflicting harm on innocent lives. At MR.LAW Accident & Injury Attorneys, our lawyers are well-versed in the legal intricacies of medical malpractice lawsuits to accurately calculate and maximize the damages available to you.
Recoverable damages in medical malpractice lawsuits may include:
- Economic Damages: These compensate the victim for direct financial losses, such as hospital bills, medical expenses, treatment costs, prescription medications, lost earnings, current and future rehabilitation therapy, and reduced earning capacity.
- Non-Economic Damages: These compensate for indirect losses, such as pain and suffering, loss of consortium, loss of enjoyment of life, emotional distress, and scarring and disfigurement.
- Punitive Damages: In some cases, the court may also award punitive damages. Unlike economic and non-economic damages, punitive damages are awarded to punish the defendant rather than compensate the victim.
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Process of Filing a Medical Malpractice Claim in Texas
If you were harmed by medical malpractice, it’s essential to take the following steps to pursue justice:
- Case evaluation: First, it’s crucial to seek sound counsel from an experienced medical malpractice lawyer.
- Collect evidence: Your lawyer can investigate your case and gather evidence to fortify your claim and establish liability, such as obtaining medical records and arranging expert testimonies.
- File a medical malpractice claim: Your attorney can assist you with required forms and paperwork to ensure your claim is filed correctly and within the statute of limitations.
- Settlement negotiations: Your lawyer can pursue a fair outcome in your case by protecting your rights and negotiating effectively on your behalf.
- Trial: If a fair settlement isn’t reached, your lawyer can pursue justice by taking your case to trial and representing your best interests in litigation.
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What Is the Statute of Limitations for Medical Malpractice in Texas?
In medical malpractice cases, patients can only recover damages if they file their claim within the statute of limitations. In Texas, you must file your claim within two years from the date of the injury (Texas Civil Practice and Remedies Code § 74.251).
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I have worked with this office on many different life care plans for personal injury cases and each time it’s been wonderful. Attorney Raphael and Attorney Mathias are both very forthcoming and handle each case with care. I would definitely recommend them!- Brandy C.
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Damon is the one attorney who took my case when others would not consider it. He is good at explaining the next steps and possible outcomes. Professionalism shows through in all he does. I recommend him for your legal matter.
- Carolyn -
Mr. Mathias went above and beyond when I got in an automobile accident making the situation stress free. He allowed me to concentrate on getting a new vehicle and getting the appropriate treatment instead of worrying about medical bills and settlements.
- James -
Truly amazing Attorney! This guy went above and beyond my expectations, from a broken wired up jaw. To a well deserved settlement. Thanks again!
- S. Plowden -
MR.LAW Accident & Injury Attorneys handled our case well and gave us a better outcome than we could have ever imagined. Thanks to Damon, Ori and their entire team!
- Eric B. -
Ori gives it his all to fight for you!- Amir A
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These guys are great! Ori really went above and beyond and every time I needed good advice or help, he was there for me.- R.J.
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Mr. Raphael was very helpful and responsive to our needs. He provided excellent service with polite,gentle and sensitive care,from the time he greeted us all through the process. I felt very confident trusting him with our case and he came through for us and got us more than we imagined.- Avi P.