Hitchcock Medical Malpractice Lawyer

Every time you go to the doctor, you put your faith and trust in the doctor’s training and experience. But even doctors make mistakes, which can in turn drastically affect your health and wellbeing.

Because doctors are trained and licensed professionals delivering a crucial service, the legal rules for medical malpractice are different than those for typical injuries. If you think that a doctor’s mistake hurt you, a Hitchcock medical malpractice lawyer from Schechter, Shaffer & Harris, LLP can help you make a personal injury claim.

Medical Malpractice in General

Medical malpractice can be thought of as being similar to negligence, where one person’s behavior violates a duty of care (usually based on reasonableness) to cause another person’s injuries. However, the usual elements of negligence—duty of care, breach of that duty, causation, and damages—change in the context of medical care.

For medical malpractice, the duty of care is based on the care that a similarly trained doctor in the area would provide, rather than just what is reasonable. Identifying this standard and any breach of it can require calling in an expert witness qualified to speak to medical care in the locale, such as a doctor who has practiced in the Hitchcock region.

Also, doctors commonly carry medical malpractice insurance, so a claim may start with their insurer rather than going right to court. The insurance company may have its own requirements for making a claim, such as the statement of another doctor as to the injury and its cause.

If the insurance company tries to deny the claim or reduce its value, the plaintiff can think about bringing a lawsuit against the doctor instead, which the insurance company might defend. Whether going up against an insurance company in the private sphere or in court, a Hitchcock malpractice lawyer will be the best resource and partner in protecting their interests.

State Laws on Malpractice Claims

Texas has a few rules particular to medical malpractice claims that differ from other personal injury claims.

First, the statute of limitations is set by Texas Civil Practice & Remedies Code Section 74.251 as two years from the “breach or tort,” though the beginning of the time period can depend on what mistake was made, how it affects you, and what treatment you need after the fact. You might only discover later that an earlier procedure or diagnosis was incorrect, despite receiving reasonable care later, which can change when the clock starts to run, though there is an outer limit of ten years total.

Second, bringing your claim requires a few extra procedural features in addition to filing within the statute of limitations. Before you can even file in court, you must fulfill a notice requirement to the doctor and/or health care provider who you will sue as required by Code Section 74.051. That notice must contain a release of health information so the prospective defendants can evaluate and prepare for your claim. Also, once litigation begins, you must serve an expert report detailing the alleged malpractice on each defendant under Code Section 74.351, the lack of which can defeat your claim early on.

Finally, Texas state law caps certain kinds of damages coming out of medical malpractice. Non-economic damages, such as pain and suffering, are capped at $250,000 per claimant and per defendant by Code Section 74.301, for a total of $500,000 in cases with multiple defendants (a doctor and a hospital system, for example).

Fortunately, your Hitchcock malpractice attorney can make sure that you move quickly enough to fulfill these requirements while supporting your overall claim. From sending the proper notice before suit to procuring an expert report and getting damages, your attorney will work tirelessly on your behalf.

Speak with a Medical Malpractice Attorney About Your Claim in Hitchcock

After a doctor makes a mistake, you as the patient will suffer the consequences. Whether needing more care and more expensive treatment or seeing a worsening condition, you deserve to be compensated for a doctor’s malpractice.

Your Hitchcock medical malpractice lawyer from Schechter, Shaffer & Harris, LLP can ensure that you can bring your claim in line with Texas’s procedural rules and make the most of the merit of your case. Call us today to set up a consultation and see what our firm can do for you.