When we see our doctors for a routine procedure or a serious medical treatment, we expect to be treated with the highest standard of care by the people we entrust with our health and wellbeing. But sometimes, the hospitals, doctors, nurses, surgeons, and other medical professionals we see for medical treatment violate our trust and breach that duty of care through negligent and reckless acts. If you are hurt during a medical procedure you may have a valid personal injury claim for medical negligence. Our Austin medical malpractice lawyers are experienced in fighting for the compensation that victims of healthcare provider negligence deserve from the professionals who caused more harm than good.
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Austin Lawyers Litigating Cases of Medical Negligence
Texas law allows for a person to file a medical malpractice lawsuit for damages within two years of the discovery of the injury or from the date that the injury should have been discovered, known as the statute of limitations. If the injury was caused in the course of treatment, then the clock begins ticking on the last day of treatment, unless the injury could have been discovered earlier. State law also recognizes a statute of repose, which means that all medical malpractice cases must be filed within 10 years of the date that the injury occurred, or else risk being thrown out by the court.
Claimants in medical malpractice lawsuits must also give notice to each healthcare provider named in the lawsuit at least 60 days prior to filing the case. In addition, the victim of medical negligence must serve an expert report on each person named in the lawsuit within 120 days of filing that summarizes the opinion of the expert as to the standard of care for the victim, how the medical professional breached that standard, and the relationship between the breach and the injuries caused. An experienced attorney understands the complicated requirements of a medical malpractice case and can ensure that all necessary documentation is filed with the proper people, at the proper time.
Compensation for Medical Negligence
Compensation for Austin medical malpractice cases can include economic and non-economic damages for the injuries inflicted by a healthcare professional. Economic damage includes current and future medical expenses, lost wages, and the loss of future income and benefits. Non-economic damages cover pain and suffering, emotional distress, disfigurement, disability, and the loss of enjoyment of life. It is important to note that local courts do have a cap on damages in medical malpractice cases for non-economic damages. The rule is a limit of $250,000 in non-economic damages per claimant, with an overall cap of $500,000 total for multiple claimants. There is no cap on economic damages incurred.
If you or a loved one were injured by the negligent or reckless acts of a medical professional in the Austin area, you may have a claim for compensation. Contact us today at DC Law to schedule a free consultation with an Austin medical malpractice lawyer.