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Medical Malpractice FAQs

Filing a legal claim that alleges a doctor, nurse or other medical professional harmed you is a serious and complex – but often necessary – undertaking. The lawyers of Kraft & Associates, P.C., in Dallas pursue medical malpractice cases on behalf of individuals and families throughout North Texas to seek justice for those who have been harmed by avoidable medical error.

Below are some frequently asked questions our attorneys often answer for prospective clients. For answers to your individual questions, please contact us for a free legal consultation. Phone us at (214) 999-9999, complete our online form, or email

How can I tell whether the outcome of my medical procedure amounted to medical malpractice?

Not every negative outcome from a medical procedure is a matter of medical malpractice. But in most cases, the only way to understand what happened in a medical case is to have it investigated independently of the medical professionals and institutions involved. That is a service medical malpractice lawyers provide.

In general, medical malpractice is a failure to provide a level of care that meets the standards that would be expected under similar circumstances. This includes doing something a reasonably prudent medical provider would not do, or not acting as reasonably prudent medical provider would. This may be considered negligence.

For a malpractice claim to be viable, a review of medical records, which includes having independent medical consultants examine the case, must show there was a preventable medical error caused by negligence or recklessness. The facts of the case must also show that you were harmed by the error and may be entitled to compensation.

Examples of common medical malpractice claims include:

  • Surgical errors.
  • Anesthesia errors.
  • Medication errors.
  • Improper or delayed diagnosis.
  • Emergency room errors.
  • Birth injuries.

At Kraft & Associates, our medical malpractice lawyers and medical consultants conduct the preliminary investigative work required of a malpractice claim free of charge to you. We will meet with you for a free legal consultation to discuss your case and, if we agree there is a legal cause for concern, work with you to obtain and examine your medical records.

If we can move forward with a medical malpractice claim, we will do so aggressively on your behalf. If we cannot, we will explain why and offer you any available options we believe are feasible.

Who can I obtain compensation from in a medical malpractice lawsuit?

The defendants in a medical malpractice claim may include any person or institution that was involved in a preventable medical error that harmed you. Depending on the case, this could potentially include several people as well as the medical center where you were treated.

A thorough investigation of your case should identify everyone who may be held accountable. They could be named together in a single claim or in multiple claims.

Depending on the circumstances, those who might be defendants in a medical malpractice lawsuit may include:

  • Physicians, including specialists (cardiologists, obstetricians, oncologists or neurologists, for example).
  • Surgeons, including specialists.
  • Nurses (RNs, LPNs, ADNs, etc.).
  • Physician’s assistants.
  • Nursing assistants.
  • Paramedics and other emergency medical technicians (EMTs).
  • Anesthesiologists.
  • Radiologists.
  • Lab technicians.
  • Chiropractors.
  • Dentists.
  • Oral surgeons.
  • Psychiatrists.
  • Psychologists.
  • Physical therapists.
  • Pharmacists.
  • Healthcare facilities (hospitals, medical centers, clinics, urgent care centers and nursing homes, for example).
  • Medical practices, partnerships and associations.
  • Rehabilitation centers.

At Kraft & Associates, our objective would be to hold accountable all who were responsible for the harm you suffered, and to maximize the compensation a claim provides to you.

What amount of compensation could I expect from a medical malpractice claim? Does Texas limit medical malpractice compensation?

The compensation you could receive from a medical malpractice case would depend on the extent of your economic damages and your pain and suffering. Texas law limits (caps) noneconomic damages and overall damages for wrongful death claims.

Economic damages are intended to compensate a plaintiff for actual monetary losses, such as for medical bills and lost wages. Economic damages should also include a projection of future losses, or expenses incurred after the suit concludes, and future loss of earnings, including lost income (including benefits, bonuses and other perks) or lost earning capacity. Future losses are particularly important in cases of disability which will require ongoing care and assistance, future medical treatment, and ongoing inability to work.

Noneconomic damages compensate a claimant for physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of enjoyment of life, injury to reputation and other losses.

In a few cases, exemplary damages (also known as punitive damages) may be sought if evidence will convince the jury that the defendant acted with fraud, malice or gross negligence.

Texas caps damages in medical malpractice cases as follows:

  • A maximum of $250,000 in noneconomic damages from a single healthcare provider or each single provider in a claim.
  • A maximum of $250,000 noneconomic damages per defendant that is a hospital, medical center, clinic, etc., up to $500,000 per claimant.
  • A maximum of $500,000 in economic and noneconomic damages in a wrongful death claim based on 1977 dollars. The damages cap in wrongful death claims as adjusted for inflation exceeds $1.5 million.

Exemplary (punitive) damages are limited to $200,000 or twice the amount of economic damages plus non-economic damages up to $750,000 — whichever is more.

Is there a time limit on how long I have to file a medical malpractice claim?

Yes, there are strict deadlines for filing medical malpractice claims in Texas. This is one reason we urge anyone who thinks they may have a valid claim to contact a medical malpractice attorney as soon as possible.

In most cases, a medical malpractice lawsuit in Texas must be filed within two years of the date of the alleged medical error, or from the date when the medical treatment that is the subject of the lawsuit ended.

If the person who has been injured is 12 years old or younger, they (their parents or representative) have until the child’s 14th birthday to file a malpractice claim.

In addition, Texas law provides a 10-year statute of repose, which means a plaintiff has 10 years after the act that injured him or her to file a claim, regardless of when they experienced the injury caused by the act in question. This would be important in birth injury cases, for example, in which a child’s developmental delays may not become apparent and linked to a birth injury until years later. A potential claim of improper or delayed diagnosis might also be affected by the statute of repose.

Understanding the statute of limitations and repose on a medical malpractice claim in Texas is important because of the time it takes to develop a malpractice lawsuit. The investigation into a medical case requires collecting lengthy medical records and having them reviewed by multiple medical consultants to obtain their opinions on the care received and any potential errors. This is followed by interviewing the individuals involved to weigh their explanations.

If you have any questions about an injury you or a loved one has experienced and its relation to the quality of healthcare received, we urge you to contact Kraft & Associates as soon as possible to start the work necessary to determine whether you have a potential legal claim.

How can I afford to hire a lawyer to pursue a medical malpractice claim for me?

You can afford to hire Kraft & Associates to handle your medical malpractice claim because we will not charge you until we obtain compensation for you. If we do not win your case, you will not owe us anything.

Kraft & Associates pursues medical malpractice lawsuits on a contingency-fee basis. This means any charges you incur for our services are contingent upon us obtaining compensation for you. You pay nothing out of pocket.

If we obtain a monetary settlement or court award through your lawsuit, we will retain an agreed-upon percentage as our legal fee and ask you to reimburse us for certain expenses required to develop and file the lawsuit.

Our contingency percentage and the expenses that we will expect to be reimbursed will be spelled out in a contract for our representation, called a retainer agreement. We will enter into this agreement with you if we decide we can pursue a claim for you, and you decide you want to pursue the claim.

Since the amount we get paid depends on how much we obtain for you, this ensures that we will do everything we can to obtain the best possible outcome in your case.

We would begin assisting you by meeting with you to discuss your case and, if we feel we should move forward, helping you to obtain medical records. As long as we see an opportunity to obtain compensation for you, we will move forward with our investigation and development of a lawsuit.

If we come to a point at which we believe we cannot be successful for you, we will explain why and conclude our work for you. Sometimes we cannot pursue a lawsuit, but our investigations still provide many answers for our clients.

Our firm belief is that any unexpected death or injury that occurs while under medical care should be independently investigated. If after conducting such an investigation we can pursue a legal claim, we believe in doing so aggressively.

If you have suffered an injury or loss of a loved one that may have been caused by a preventable medical error, please contact us at (214) 999-9999 or online today to set up a free, no-obligation legal consultation.

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