Dallas Medical Malpractice Laywer | Medical Malpratice: 3 Facts Of The Law

Medical Malpractice: 3 Facts Of The Law

Texas has some rather restrictive requirements for medical malpractice claims compared to other states. You need to understand what you have to do to move forward with a case. The vast majority of these issues will be handled by your attorney, but the first one is in your court.

Statute of Limitation

There is a two year limit on how long you have to bring a lawsuit after a breach of duty by a doctor. For minors under 12, the statute extends to their 14th birthday. This time limit starts from the time of the breach of duty. Texas is a bit different than is the statute in many states. If the problem wasn't discovered in time to meet the statute, you cannot bring a claim. Most places have this statute start when the breach is discovered, but in Texas that doesn't apply. This doesn't apply if the breech was concealed purposefully by the plaintiff, however.

Damage Caps

There is a complex system of damage caps in place for Texas medical malpractice suits. These include a $500,000 cap on damages for wrongful death; this figure is in 1977 dollars and is adjusted for inflation, so the actual amount is different. Your lawyer will explain to you how damage caps apply to the amount that you may seek as part of your claim.

Expert Testimony

There are very detailed requirements in regards to expert testimony and, of course, as to what constitutes an expert in the eyes of the law. Your lawyer will make sure you have experts available to back up your claim. This is a good reason to make sure you choose a lawyer that has experience and connections when you decide to go forward with a malpractice claim.

Physician malpractice can end up costing families a great deal of money. In the worst possible cases, it can end up costing someone their life, as well. Lawyers for medical malpractice understand the law and how to work within it so that they can give their clients the best possible chances of winning their claims.

Sometimes an attorney will work with you on contingency. If you're concerned about losing your lawsuit and being stuck with legal fees, this agreement allows you to avoid that. Under a contingency agreement, you'll only be billed if the attorney manages to win your claim and won't have to pay anything if they don't. A settlement constitutes a win.

Physician malpractice
Lawyers for medical malpractice