If you believe you are a victim of medical malpractice, you may be anxious to get a powerful legal advocate on your side. Finding a skilled medical malpractice lawyer for your case does not need to be intimidating or overwhelming. You are going to need a personal injury attorney with extensive experience handling medical malpractice cases, preferably similar to yours. However, your legal advocate should also have a powerful track record of success and the resources needed to build your case against your negligent healthcare provider.
Fortunately, when you connect with Carew Garcia Bohuslav Law, PLLC, you can get a top-rated medical malpractice attorney working for you. Our firm has decades of combined legal experience and we have recovered millions of dollars in damages and settlements for our clients over the years. You can feel empowered to take legal action when our team takes on your case. Contact us to request a free consultation today and learn more about how the medical malpractice claims process works.
Filing a medical malpractice claim can be an involved process. However, when you have the right legal representative on your side, it does not need to be intimidating. Here are some of the initial steps you will take after hiring a medical malpractice lawyer to protect your rights:
Not all medical malpractice cases will go to trial. Many will settle outside of court through a medical malpractice insurance claim or out-of-court settlement with the at-fault party. However, our team at Carew Garcia Bohuslav will be prepared to fight for maximum compensation on your behalf at trial if necessary.
Medical malpractice can take multiple forms. You may not initially recognize medical malpractice, especially if your healthcare provider has glossed over their mistakes by blaming your condition on side effects or adverse reactions caused by your medical treatment. Some of the most common types of medical malpractice claims we handle include:
To prove medical negligence, we must establish that the healthcare provider or facility in question violated the medical standard of care as described under Tex. Civ. Pract. & Rem. Code § 74. Essentially, if your healthcare provider or facility made a medical mistake that another reasonable healthcare provider would not have made, the standard of care may have been breached. We must meet this burden of proof for your medical malpractice claim to be successful.
You are going to need a knowledgeable and trial-proven medical malpractice attorney on your side if you are going to demand justice for your suffering. Our firm works tirelessly to maintain our reputations as leaders in our profession. We aim to help you feel empowered and confident moving forward with your case. We understand you may have many questions regarding the medical malpractice claim process and what to expect from your case.
Although every claim is different, the questions that medical malpractice victims like you have are often the same. For that reason, we have included a detailed FAQ below that addresses some of the top questions and answers surrounding medical malpractice lawsuits and insurance claims in Texas. If you have additional questions or concerns, please contact our office to schedule a free consultation at your convenience.
Victims of medical malpractice have the right to full compensation for their losses. Every single way your life has been affected by the trauma you endured should be taken into consideration when your catastrophic injury lawyer calculates the value of your claim. There are two primary types of damages awarded in medical malpractice lawsuits. These include economic and non-economic damages.
Economic damages are monetary whereas non-economic damages describe emotional and physical traumas. Non-economic damages can be far more challenging to evaluate than economic damages since their value is subjective. Some examples of potentially recoverable damages in medical malpractice lawsuits and insurance claims include:
These are just a few examples of damages that could be issued in medical malpractice claims. It is also possible punitive damages may apply. However, under Tex. Civ. Prac. & Rem. Code § 41.001, punitive damages are generally only awarded if the defendant’s actions can be considered grossly negligent or intentionally harmful. The court system must find it necessary to further punish the defendant for punitive damages to be awarded.
According to Tex. Civ. Pract. & Proc. Code § 16.003, the Texas statute of limitations for personal injury claims is only two years from the date the alleged medical mistake occurred to file your lawsuit. If you did not discover the medical mistake until sometime later, the statute of limitations would not start counting down until the day you learned or should have learned of the medical error. If you miss the claim filing deadline, you could be prohibited from having your medical malpractice lawsuit heard in court.
Nearly any healthcare provider involved in your treatment or care could be held accountable for medical malpractice. For instance, if your surgeon left an instrument in a body cavity, not only could the surgeon be held accountable, but their surgical assistants, surgical nurses, and other healthcare providers who participated in your surgery could also share liability. You may even have grounds for a legal claim against the hospital where the medical malpractice occurred. Other professions that may be named in medical malpractice claims include:
Finding the right Texas medical malpractice attorney to take on your case can be overwhelming. There are thousands of search results to sort through, filled with legal representatives all claiming to be the best. What you need is a personal injury law firm that makes you feel taken care of. After everything you have been through, you need guidance, support, and zealous client advocacy.
Carew Garcia Bohuslav Law, PLLC will not let the at-fault party take advantage of you during some of the most difficult times in your life. We will do everything in our power to hold them accountable to the fullest extent of the law. Explore your legal options further when you contact our office to schedule a free, no-obligation consultation. Complete our online contact form or call us to get started on your medical malpractice claims as soon as today.