Did your doctor make a major mistake when diagnosing or treating you? Did you end up suffering serious complications as a result? If the answer to both of these questions is “yes,” you may have grounds for a medical malpractice claim.
Under tort law, patients who receive substandard care are entitled to seek compensation for the damages they incur. It’s important to remember, however, that you’re not guaranteed a payout.
In order to pursue funds for your losses, you’re going to have to put together a compelling claim. Let’s see what doing so usually entails:
1. How Do You Prove You Were the Victim of Medical Malpractice?
Since medicine is not an exact science, proving malpractice almost always poses a challenge. In simplest terms, you’re going to have to convince the insurance adjuster that your doctor deviated from the most widely accepted standards of care. Evidence that will likely help you do so includes your medical records, testimony from other providers who treated you, and statements from relevant specialists.
2. What Kinds of Damages Can You Include in Your Medical Malpractice Claim?
In Texas, victims of medical malpractice can seek compensation for the following:
- Additional medical bills,
- Lost wages,
- Lost earning capacity,
- The cost of reasonable and necessary replacement services,
- Home and vehicle modifications,
- Pain and suffering,
- Mental anguish,
- Physical impairment,
- Disfigurement, and
- Diminished quality of life.
When it comes time to demonstrate the extent of your economic damages, you can use associated documentation. Examples include bills, invoices, receipts, and paystubs. As for proving your non-economic damages, acceptable evidence often includes personal journal entries, medical records, statements from loved ones, and psychological assessments.
It’s also worth mentioning that Texas recognizes loss of consortium. This refers to any harm the victim’s marital relationship suffers. Consequently, compensation for this loss is awarded to his or her spouse.
3. How Long Do You Have to File a Medical Malpractice Claim in Texas?
Under Texas tort law, the standard statute of limitations for medical malpractice actions is two years. That means most victims have two years from the date on which the cause of action occurred—or the date on which it should have been discovered through reasonable diligence—to file a formal lawsuit.
There are a few exceptions to this deadline, however, so you may actually have less time than you realize to seek legal recourse. For this reason, it’s wise to consult an attorney as soon as you have reason to believe your doctor made a mistake. Getting your claim underway as soon as possible will ensure you have plenty of time to proceed to court is settling ends up being impossible.
Speak with a Houston Medical Malpractice Attorney
Are you planning on taking action against a health care provider in Texas? For strategic legal guidance and devoted advocacy every step of the way, turn to Chelsie King Garza, P.C.
Chelsie is a seasoned litigator who will personally handle every aspect of your claim. Call 713-893-8808 or submit the Contact Form on her website to schedule a free initial consultation with this Houston medical malpractice lawyer.
