Medical malpractice is an unfortunate reality in the U.S. healthcare system, including Dallas. The malpractice statistics tell a shocking story. Over 250,000 Americans die every year because of medical errors or negligence, and most of these medical malpractice cases go unreported and unresolved.
In the past few years, efforts have been made to reduce medical malpractice rates. These preventative measures include incentivizing staff to report errors by offering cash rewards and implementing new procedures and protocols that hold healthcare professionals more accountable. Despite these efforts, medical malpractice remains a serious issue.
When you go to a doctor or hospital for medical care, you don’t expect the medical professionals you trust to cause you harm. It can be extremely upsetting to endure a medical error, especially if it puts your life at risk or alters the quality of your life permanently. Our Dallas medical malpractice lawyers know that victims of medical negligence have to deal not only with the pain of their injuries or the agony of a wrong diagnosis, but also the uncertainty that follows, both physically and emotionally.
As a direct result of tort reform measures passed in 2003, medical malpractice cases in the state of Texas can be very challenging. Tort reform measures have made medical malpractice cases more difficult to file. These laws also place an arbitrary cap on the total settlement amount a victim can recover. Due to these troubling developments, many lawyers in Dallas won’t even take medical malpractice cases anymore.
However, our medical malpractice lawyer team at Rasansky Law Firm is here to help. Our skilled attorneys will fight for you, and we have a proven track record of providing quality legal services.
Do you believe you suffered an injury due to medical malpractice? If so, a Dallas medical malpractice lawyer from Rasansky Law Firm can assist you in we may be able to help you recover the damages you deserve.
We will fight for your rights every step of the way to ensure you feel confident throughout this difficult process. Contact us for a free initial consultation so we can help you seek justice against negligent medical providers.
When you hear the term “medical malpractice”, you may think it only applies to doctors; however, there are many different types of healthcare staff and other entities that can potentially be held liable for a mistake when it leads to injury or even death. In addition to doctors, the following can and should be held accountable for negligent actions:
At Rasansky Law Firm, we have an impressive record of successful verdicts and medical malpractice claim settlements on a wide variety of cases. We’ve won millions of dollars in settlements for our clients over the past 27 years. Our Texas medical malpractice lawyers help victims of:
When you choose a medical professional, you trust them to provide the proper care and treatment for your health needs. Sometimes that trust is broken. If that's the case, your situation may show clues that you are a victim of medical malpractice. Here are a few common indicators:
One form of medical malpractice is when a physician fails to diagnose an illness in a timely manner. A delayed diagnosis can lead to serious health problems that could have otherwise been avoided. An example is when a physician fails to diagnose cancer in its early stages. As we all know, if cancer is not diagnosed early enough, it can often lead to an untimely death. If there is evidence that the cancer should have been diagnosed earlier but was not and eventually led to dire consequences, you may have a malpractice case.
Negligence from your provider is another common malpractice situation we see. Negligence can happen in a variety of ways. Here are some examples of how a doctor might be negligent:
Sometimes, a patient's health gets worse post-treatment. If you develop new health problems, such as fatigue, dizziness, difficulty breathing, and chest pain, it could be a sign that malpractice occurred.
Medical malpractice can lead to serious injury and even death in some cases. So, pay attention to matters such as delayed or misdiagnoses, worsening health after treatment, or unusual new symptoms. If any of these things happen while under the care of a physician, then contact a Dallas medical malpractice lawyer as soon as possible to fight for justice on your behalf.
You may need clarification on whether a medical mistake occurred or resulted from malpractice. If you suspect a healthcare provider is at fault, take these steps to protect yourself and your loved ones.
Gather all the relevant records together. Examples of these documents include:
Gather as much evidence as possible before filing a lawsuit against the doctor or hospital. This evidence includes:
Qualified medical malpractice attorneys can do the following:
Filing a medical malpractice claim is a serious matter. However, if you suspect negligence on behalf of a healthcare provider, take action right away. Dallas medical malpractice lawyers have the resources to help you seek justice and move on from this terrible situation.
When a patient has suffered harm due to medical treatment, two terms may come into play: medical malpractice and medical negligence. But are they the same thing? In short, no. Both of these terms refer to medical errors but in different ways.
Medical negligence is an unintentional mistake in a patient's care that causes physical harm or injury. An example of medical negligence is a surgeon operating on a patient without proper sterilization or using contaminated tools that result in post-operative complications.
Medical malpractice, on the other hand, is a more serious form of medical negligence. It occurs when a healthcare provider causes harm to a patient due to reckless disregard for their safety and well-being.
Medical malpractice and negligence are serious matters that should be addressed with a team of experienced Dallas medical malpractice lawyers. A qualified attorney can evaluate your case to determine if you have been the victim of medical malpractice or negligence and advise on how best to proceed.
Doctors and other healthcare providers are required to carry insurance. In medical malpractice claims, the insurance company's role is to provide financial coverage for any settlements resulting from legal action. The insurance provider will investigate potential claims and work with the victim and the health professional to ensure all parties agree.
An insurance company also works with defense counsels to minimize the amount due by providing evidence and argumentation against a legal claim. For example, if a health professional claims the mistake was not their fault, the insurance company will attempt to provide evidence to support this argument.
In some cases where the healthcare provider is found liable, an insurance company may cover any costs associated with the lawsuit. Ultimately, they are there to protect both patients and healthcare providers in case of a malpractice lawsuit.
In Texas, lawsuits over medical malpractice must be filed within a two-year window from the date of the injury or death. For example, if you suffered an injury on October 19, 2022, you must file your claim by October 19, 2024. This short window of time is known as the Statute of Limitations.
There are exceptions to this rule, such as if the injury was not discovered until sometime later (termed "discovery rule"). In these instances, you may have up to five years from the date of discovery to file a claim.
If someone you love died due to medical malpractice, the surviving family members of the deceased have the right to file a wrongful death claim. The law recognizes the family suffered financial losses due to their loved one's death. Additionally, the law enables the family to hold a medical professional accountable for their negligence.
Medical malpractice is an act or omission by a healthcare provider that fails to meet accepted standards of practice within the medical community, resulting in injury or harm to a patient.
If a medical professional or healthcare facility's negligence results in a patient's death, this is considered a wrongful death. In legal terms, wrongful death means the negligent party can be held liable for their actions.
This type of lawsuit seeks compensation for any financial losses incurred due to the untimely death of a loved one. These losses could include damages, such as:
If no criminal charges are filed against a doctor or other healthcare professionals involved in the medical malpractice case—or if they are acquitted—family members still have legal recourse through civil courts (in other words, filing a lawsuit). That is where medical malpractice lawyers come into the picture.
Wrongful death suits do not require criminal convictions as a prerequisite. Civil cases only require proof of evidence the medical professional displayed negligence and owed a duty of care toward their patient.
Medical malpractice is a life-changing tragedy for many individuals. Knowing what to do is difficult when a medical professional doesn't follow the legally prescribed standard of care, resulting in injury or death. Filing a medical malpractice lawsuit is a viable option.
When someone files a medical malpractice lawsuit, they seek compensation for losses related to their injury or death due to the negligence of a healthcare provider. The types of damages available in such cases include economic and non-economic damages.
This compensation refers to specific financial costs incurred due to injury or death. These include but are not limited to the following:
This form of compensation covers pain and suffering caused by injury or death. Examples include:
Courts can award punitive damages if evidence proves the defendant (the person being sued) acted with particularly gross negligence or recklessness. Some examples of gross medical negligence include:
Punitive damages are designed by law to punish the offending party and deter others from engaging in the same behavior again in the future.
Medical malpractice claims can seem daunting, but they can provide much-needed compensation for individuals suffering because of another's negligence. Any potential claimant must consult a skilled Dallas medical malpractice lawyer before filing any legal action. These cases can be complex, so you need knowledgeable legal representation to receive maximum compensation for your loss.
If you believe you have been a medical malpractice victim, you should consider filing a lawsuit. There are some ways to tell whether your case is likely to have a successful outcome.
Here are the key elements the courts look for to rule in your favor:
This element means the doctor or healthcare provider did not satisfy the accepted standard of care regarding treating and diagnosing your condition. The standard of care refers to what the doctor is reasonably expected to do under these circumstances.
For example, suppose your doctor prescribed an incorrect dosage amount, failed to order proper diagnostic tests, or misdiagnosed your condition. These choices could indicate that they failed to meet the accepted standard of care when treating you.
You must then show that there was a breach in this duty of care, proving that the doctor failed to meet this standard due to negligence or recklessness. Your Dallas medical malpractice lawyer will need to be able to prove what the doctor should have done differently.
Examples of this proof include patient files from other healthcare providers who treated similar medical malpractice cases or expert witnesses who can testify to a competent doctor's expectations under similar circumstances.
In addition to proving that the doctor violated their duty of care, you must also prove the violation directly caused or contributed to your injury. If a breach of care occurred but there was no negative outcome from it, you may not have a case.
However, if you can prove that the injury resulted in a negative outcome, including extreme situations such as long-term disability or even death, you may have a valid malpractice case.
There must be a direct connection between your injury and the compensation you seek. In other words, you need to be able to prove the amount of money you lost due to the injury, and how your overall life has been negatively impacted by the injury. This is typically the easiest element to prove, since most people have documentation indicating medical bills, wages, etc.
Expert witnesses may be hired by either the malpractice attorney or the insured’s attorney to support their arguments. Qualified expert witnesses excel in their disciplinary field and have relevant experience in medical malpractice claims. They usually give testimony to help prove or deny a claim depending on which side brought them into the case.
An expert witness hired by the plaintiff (the injured party) plays a pivotal role in medical malpractice cases. These experts provide valuable insight that can impact the outcome of the case. They analyze the facts of the case and explain to a court or jury how a breach of standard medical practice occurred.
For example, a cardiologist may provide testimony in a case involving the misdiagnosis of a heart condition. Testimony from these professionals can make all the difference.
Clinical charts play a crucial role in medical malpractice cases. Without them, building a winning claim is almost impossible. Health files contain all pertinent information about the patient's condition before, during, and after their treatment from the clinician.
This vital information is essential for proving that a physician did not meet the accepted standard of care or did something wrong during treatment resulting in a patient's injury or harm.
Patient history provides essential details about a clinician's history of care, such as test results, medications prescribed, and any changes in diagnosis over time. Additionally, these documents help a Dallas medical malpractice lawyer pinpoint the exact date an alleged act of malpractice occurred and how injuries resulted.
In short, having detailed and accurate medical records lays the foundation for an effective malpractice suit against a doctor or healthcare institution.
Every malpractice case is different. Therefore, the value of each claim varies. The courts can award economic, non-economic, and punitive damages. However, Section 74.301 of the Texas Civil Practice and Remedies Code, which became law in 2003, places a cap on the maximum award for non-economic damages. Remember, this type of compensation refers to damages like as pain and suffering, mental anguish, or loss of consortium due to the injury.
The maximum amount for non-economic losses in Texas claims is $250,000 from every healthcare professional and $500,00 from medical facilities. So you can receive up to $750,000 in non-economic damages.
Remember, you can also sue for economic damages. Economic compensation includes money lost due to missed work days, medical expenses, and other costs related to the injury. These costs can be much higher than non-economic damages and have no cap. Therefore, a medical malpractice claim can still be worth more than 750k; some settlements are worth millions. It's important to note that economic damages differ from non-economic damages.
Malpractice claims settle on average for roughly $200,000. Averages don’t give you a good indication of how your case might go, though. Settlement amounts vary a great deal based on the facts of each specific case, such as the severity of the injury. Yours could be much lower or higher than the average.
Settlements are best when possible to avoid a lengthy civil trial. In some instances, however, a claimant may need to go to trial if the liable party rejects the conditions of a settlement. A qualified Dallas medical malpractice attorney can help you determine the best path forward for your situation.
When you've been injured in an accident, the last thing you want is to get caught up in a long, drawn-out legal battle. Unfortunately, insurance companies often make it difficult to get the full compensation you deserve. They sometimes do this by offering a quick settlement offer—but should you take it? Here's what to consider before you sign anything:
The bottom line is that an insurance company is not in the business of being fair; they are in the business of making money. Their main goal is to offer the lowest possible settlements so they can make the most profit on their policyholders’ policies.
A medical malpractice settlement is a monetary amount paid by a healthcare provider's insurance company in exchange for releasing them from further legal responsibility regarding your injury or illness. Basically, they offer to pay you a dollar amount, and if you take it, you give up your legal right to pursue further compensation.
The purpose of these settlements is to compensate those who have suffered due to negligence or misconduct on behalf of that provider. These settlements are not typically based on fault. The intent is to save money in the long run compared to going through costly litigation.
Accepting a settlement offer from an insurance company ends your legal battle and your right to pursue further compensation. Make sure you understand the terms and conditions of the offer before signing anything. They could limit your opportunities down the road if something unexpected comes up or complications arise related to your injury or illness.
In some medical malpractice cases, insurers may also require confidentiality clauses so that you cannot talk about the case publicly or disclose how much money was received from the settlement agreement.
Most settlements take some time for finalization—anywhere from two weeks to several months—so keep this in mind when considering whether or not to accept an offer from an insurance company. During this period, there could be additional negotiations involved as well as additional paperwork that needs to be filed with the court system for approval.
Additionally, suppose there are any outstanding liens against your case (such as hospital bills or health insurance payments). In that case, those must be considered and paid off before finalizing any settlement agreement.
According to one research survey, a malpractice claim can last for a year and a half. Nearly 50% of the respondents report revolving their case in six months or less. However, less than 5% of those claimants received an award or settlement.
However, an attorney can resolve a medical malpractice claim within a shorter time frame if the attorney settles the case with an insurance company. If the claim takes more than six months to resolve, the compensation increases from 3 percent to 20 percent.
Seeking a medical malpractice attorney is a big decision; it can be difficult to decide if and when you should take legal action. A medical malpractice attorney can help by assessing your case during a free consultation and giving you advice about the best legal action. They understand the intricate details of medical law and how to argue your case in court or negotiate with insurance companies.
A skilled Dallas medical malpractice lawyer will handle all aspects of your case from beginning to end, including but not limited to the following:
A medical malpractice attorney has extensive knowledge and experience in dealing with complex cases involving negligence by doctors or other healthcare workers. They can guide you through all aspects of your case from start to finish.
These are common questions we hear from people and loved ones of those who have suffered a medical injury or wrongful death. We will try to answer all of your questions based on the unique facts of your situation during your case evaluation.
If you are unsure whether you have a valid medical malpractice claim or medical negligence lawsuit, contact us today for a free evaluation. If we decide to take your case, we do so on a contingency agreement, which means you pay us nothing unless/until we win your case.
Our Dallas medical negligence attorneys review your individual case at no charge. We will give you an honest assessment of your case and explain all the options you have with absolutely no obligation on your part.
There’s no risk in having your potential case evaluated by our attorneys. Call (214) 651-6100 today! You can also email us using the contact form found on this page or chat with us live. We’re available 24 hours a day and are eager to help you seek the justice you deserve.
“I am so privileged to relate my experience with the Rasansky Law Firm. Having lawyers in my immediate family, I know the hours of research that must be done prior to any public defense. The staff and Jeff expelled any concerns I had over the legal action I was seeking. They spent many hours researching…exploring the possibilities of litigation…sought outside professional opinions…and never once complained even though they eventually received NO remuneration for their efforts. They really became friends of me and my husband, and continued to keep us informed over the case. I could not recommend any firm higher than these professionals!”
– Nan W. ★★★★★
The attorneys at Rasansky Law Firm want to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so with no up-front cost to you. Call us 24/7 at (214) 651-6100.
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