We Take Your Personal Injury Personally
Let Us Handle All Aspects of Your Case and Fight To Get You The Maximum Compensation You Truly Need and Deserve.
We Take Your Personal Injury Personally
Let Us Handle All Aspects of Your Case and Fight To Get You The Maximum Compensation You Truly Need and Deserve.
Houston Medical Malpractice Lawyer
When you go to a doctor or any other medical professional, you entrust them with your health and expect they will uphold the standard of care for your situation. But if a doctor, nurse, hospital, or pharmacist acted negligently and made your condition worse, you get burdened with additional physical, financial, and emotional suffering. You may be able to seek compensation through a medical malpractice claim.
Estimates say that only about two to three percent of medical negligence incidents in Texas give rise to a lawsuit. Many victims are reluctant to pursue legal action because of the powerful parties they may face and because Texas law puts certain limitations on what victims can recover.
But you don’t have to be afraid in your pursuit of justice and compensation. A Houston medical malpractice attorney from the Cook Law Firm can competently fight for you, helping you obtain what you rightfully deserve even in the face of large hospitals, their lawyers and their insurance companies.
If you or a loved one have been seriously injured in a Texas hospital due to the negligence of one or more medical professionals or practitioners then don’t hesitate to contact us.
Definition and Examples of Medical Malpractice
Hospital malpractice occurs when a healthcare professional or entity acts negligently in their practice, causing harm to a patient. Negligence is a key element here. Just because a patient’s condition got worse doesn’t mean the doctor is automatically liable – only when the doctor was negligent can it be considered malpractice.
Here are some examples of medical malpractice:
- Incorrect diagnosis
- Delayed or missed diagnosis
- Birth injuries
- Anesthesia errors
- Surgical errors
- Injuries involving medical devices
- Medication or pharmaceutical errors
- Hospital neglect
Limitations in a Texas Medical Malpractice Case
The law is on your side if medical negligence has indeed caused you suffering, but there are limits that apply in Texas medical malpractice cases:
Damage Caps
There are two types of damages which you may be compensated for: economic damages, which have a clear monetary value (such as medical bills and missed wages), and non-economic damages, which are less objective (such as pain and suffering). Texas law has put a $250,000 cap or limit to the non-economic compensation you may receive.
Statute of Limitations
This is a time limit for filing a lawsuit. In Texas, you have two years from the date of the malpractice incident to bring your case to court. If the malpractice incident occurred during a continuous treatment and you are not sure about the specific date, the time limit is set two years after the completion of your treatment.
Statute of Repose
This is a further time limit, stating that you cannot file a lawsuit against a negligent act that occurred more than 10 years ago, regardless of when you discovered your injury. For example, if you had a surgery in 2005 and only found out in 2016 that a surgical sponge had been left inside your body, you can no longer bring up a valid lawsuit.
Despite these limitations, know that you still have rights and you can fight for what you deserve. Don’t delay in calling an attorney to help determine your best course of action.
Why A Malpractice Injury Lawyer Is Crucial
A medical malpractice case can be highly complex because it involves both medical and legal fields. Your medical circumstances alone may be a challenge to establish, and the circuitous nature of the law may make it even more difficult to succeed in your claim. However, a good lawyer should be able to make sense of your case and fight for it with the support of medical experts and witnesses.
Further, you may be facing powerful medical entities, their insurance company, and even their legal team in your malpractice claim. Having a fearless attorney on your side ensures that you are not taken advantage of and that your rights are protected. Your attorney should also be experienced and skillful in handling the methods of insurance companies in malpractice cases.
Let Cook Law Firm Help You
If you’ve been seriously injured at a hospital or at the hands of a negligent health care practitioner then you need to seek legal counsel as soon as possible. Contact Cook Law Firm today for a free evaluation of your case.
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