The appropriate standard of care varies, depending on the age of the patient, health condition or illness, and the generally accepted methods of diagnosis and treatment that are used by doctors, hospitals, and healthcare providers in the area to treat patients with similar illnesses, injuries, or health conditions.
The first step in any medical malpractice case is to establish that the provider failed to treat the client with a reasonable standard of care. This can be a challenging and technical matter.
If you were harmed by a doctor or healthcare provider’s failure to provide the appropriate standard of care, you may be able to recover compensation for your injury. This may include economic damages for medical bills, lost wages, and other costs associated with the injury. When the malpractice is deemed to be malicious in nature, you may also be entitled to punitive damages.
In Texas, the statute of limitations is two years for filing a lawsuit for medical malpractice. Acting fast and involving an attorney is important, not only due to this statute of limitations but because medical records may go missing, important details may be forgotten, and key evidence could be diminished or lost over time. The longer you wait, the more difficult it can be to prove malpractice.
There are limits in Texas for non-economic damages for medical malpractice cases. Our attorney can explain the law, as it pertains to your unique circumstances.