Some patients become more ill than they were before medical treatment, and some die unexpectedly. The death or medical decline of a patient is not always unavoidable. Too often, patients are injured because of medical errors or mistakes. This is medical malpractice.
Patients who have been harmed by a preventable medical error – or the surviving family members of patients who died because of malpractice – deserve appropriate compensation for their losses. At Kraft & Associates, P.C., we take medical malpractice cases seriously and pursue them aggressively on behalf of our clients.
Let the law offices of Kraft & Associates, P.C., advise you about your rights after a medical treatment that caused an unexpected negative result. We’re an established and professional law firm with friendly lawyers and staff who are easy to talk to. Please call us at (214) 999-9999 or contact us online.
Recent statistics reveal that errors made by medical professionals are the third-leading cause of death in America, behind only heart disease and cancer. A medical malpractice lawsuit seeks compensation for losses caused by preventable medical errors.
In general, such a legal claim must show that the medical practitioner violated what would be considered the “accepted standard of care” for a similar medical situation through error or negligence (omission or failure to act), and that this specific violation caused serious harm to the patient.
Any medical professional or paraprofessional who is negligent may be part of a malpractice lawsuit. This includes doctors, surgeons, nurses, physicians’ assistants, nursing assistants, lab technicians, anesthesiologists, pharmacists, chiropractors, dentists and many others. In some cases, it is the policies and procedures of the medical institution (hospital, medical practice, clinic, urgent care center, etc.) that caused the error. The institution may be held liable in these cases, and may also be responsible for errors made by employees or affiliates.
Any unexpected negative medical outcome that causes significant injury to the patient should be thoroughly examined by qualified investigators who are not connected to the medical professionals or institutions involved in the case.
Medical malpractice and healthcare liability are extremely complex areas of law. Over the last 40 years, Texas has rewritten its laws repeatedly through legislation and court rulings. In addition to the law, these cases often involve medically complex facts.
Determining what happened is usually a lengthy process that requires the work of investigators with specialized training and experience. A full independent investigation is required to prepare a medical malpractice case. However, in Texas, medical malpractice lawsuits must be filed within two years of the “breach” (error) or the completion of treatment.
Because of these time restrictions and other specific aspects of Texas law, it is important to contact a medical malpractice lawyer with experience in Texas as soon as possible if you think you may have a claim. Developing a lawsuit requires obtaining medical records, which are lengthy in most cases, and having them analyzed by medical consultants. A claim usually involves interviewing all parties involved in the case, and a variety of additional time-consuming work.
In addition to imposing time restrictions, Texas imposes a “joint liability” structure on lawsuits and limits awards of noneconomic damages. Under the joint liability rule, each defendant is responsible for only a percentage of the total damages that equals that defendant’s share of fault. For example, if malpractice occurs during surgery, the jury would determine an award and how responsibility should be split among the surgeon, the anesthesiologist and the hospital. Each would pay an assigned portion of the damages.
In general, Texas caps overall compensation at $500,000 for a wrongful death and $250,000 for noneconomic damages (for example, pain and suffering, loss of enjoyment of life, stress, etc.) for each claimant in nonfatal cases, regardless of the number of defendants. In a claim that seeks to hold an institution responsible for malpractice, damages paid by the institution are limited to $250,000 in total.
Economic damages, which are paid for losses like medical bill payments and lost wages, are not capped.
The medical malpractice attorneys of Kraft & Associates, P.C., in Dallas can help if you or a loved one has suffered an unexpected negative outcome in a surgical procedure or other medical treatment. We conduct thorough investigations and analysis of potential medical malpractice cases and aggressively pursue valid claims.
Medical malpractice cases in Texas have strict statute-of-limitations deadlines. Please do not delay. Contact Kraft & Associates today for a free, confidential and no-obligation review of your case. Phone us at (214) 999-9999, send e-mail to firstname.lastname@example.org, or fill out our online form.