Medical Malpractice - Three Important Considerations

When it comes to medical malpractice, it’s easy to get confused on the specifics of each law that may pertain to your situation. At Maloney Law Group, we work to provide our clients and potential clients with useful information when it comes to their medical malpractice rights. Here are three things that may be helpful for clients affected by medical malpractice.

What exactly constitutes medical malpractice?

When it comes to your loved one's medical care, it can be hard for someone unfamiliar with the definitions of medical malpractice and medical negligence to know when negligence has occurred. In the state of Texas, medical negligence is when a healthcare provider breaches or violates their duty of care or standard of care. The standard of care may be described as the level and type of care that a reasonably prudent healthcare professional, with a similar background and in the same medical community, would have provided under the circumstances. It is important to note that simply because substandard care may have been rendered, it may not constitute negligence. The substandard care must be causally related to the injury. If the injury would have happened regardless of the substandard care there may not be enough to meet the legal standards in Texas. For a more detailed context, and for any questions, it’s important to contact a knowledgeable medical malpractice attorney because any number of facts could change the outlook of a potential claim.

You should file the claim as soon as possible.

Many people follow the rule of having two years to file a medical malpractice claim. However, it’s important to note that there are numerous exceptions to this rule based on who you’re filing the claim against, the type of claim and other external factors. If you believe you have a case of medical malpractice or personal injury , speak to an attorney about your rights as soon as possible to determine the appropriate statute of limitations, so that you do not lose the ability to investigate your potential claims.

The different types of damages awarded

There are three main types of monetary awards that plaintiffs may receive if a medical malpractice lawsuit is ruled in their favor. Damages (monetary awards) are paid out based on economic, noneconomic damages and punitive damages. Economic damages are paid to reimburse a plaintiff for medical expenses, wages lost as a result of the malpractice, and other damages that may be readily assessed with an economic value, such as loss of household services. Non-economic damages are awarded for pain, suffering, and mental anguish that resulted from the negligence. Punitive damages are funds awarded to punish the defendant and deter them from repeating the negligent behavior. It is important to note that Texas has numerous statutes that dictate caps on potential damages. As such, it’s important to consult with an experienced medical malpractice firm to determine what, if any, damages may be recoverable, and what limitations may apply.

If you or someone you love has been a victim of negligence, inadequate care or abuse, contact a lawyer like Maloney Law Group that will help you navigate a case. Our consultation service is free.

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