Although we trust medical professionals, they can still make preventable errors. If you or a loved one suffered harm due to medical negligence, a Midland medical malpractice lawyer can help you understand your legal rights and pursue compensation for your injuries.
In a close-knit community like Midland, working with a compassionate personal injury attorney who understands the intricacies of Texas law goes a long way in building a strong case.
What Constitutes Medical Malpractice?
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in harm to a patient. Common examples include surgical errors, such as operating on the wrong body part, leaving surgical instruments inside the body, or performing unnecessary procedures.
Medical malpractice also includes misdiagnosis, delayed diagnosis, medication errors, and anesthesia mistakes, among many others. To establish a valid claim, plaintiffs must show that the provider owed a duty of care, breached that duty, and directly caused injury as a result. A seasoned legal team can work with medical experts to prove each of these elements.
Unique Challenges in Texas Medical Malpractice Cases
Texas law imposes strict requirements for medical malpractice claims. For instance, plaintiffs must serve a medical expert report within the first 120 days of filing a claim. This report must outline the applicable standard of care, how it was breached, and how it caused the injury. Missing even a single deadline can create a major delay in a case. Texas also has a statute of limitations on these claims. In most cases, victims have two years from the date of the injury (or from the end of treatment) to file a lawsuit.
Additionally, Texas law limits non-economic damages in medical malpractice cases, including pain and suffering, to $250,000 per defendant and $500,000 overall. These challenges can be especially critical for Midland’s oil and gas workers, whose recovery and ability to return to work often depend on timely and accurate medical treatment.
Why Work with a Medical Malpractice Attorney?
These cases often require extensive investigation, testimony from medical professionals, and a deep understanding of hospital protocols. A skilled lawyer can investigate the incident by collecting medical records, witness statements, and expert evaluation. A lawyer could also determine liability and identify all potentially responsible parties, including hospitals and physicians. We seek damages for your medical expenses, lost income, reduced earning potential, and more.
For example, consider a case in which a Midland resident underwent routine gallbladder surgery but experienced organ failure due to a surgical sponge left in their body. A knowledgeable attorney could retain surgical experts to testify on the proper protocol and demonstrate how the negligence caused long-term harm.
Many people try to represent themselves in medical malpractice cases. However, doing so can damage a case. Medical malpractice attorneys have a strong understanding of the field and similar cases and can approach each case with the same knowledge and care.
Take the First Step Toward Justice and Call a Medical Malpractice Attorney in Midland
Midland residents deserve safe, competent care. The legal process for medical malpractice cases in Texas is complex, and delays can jeopardize your ability to recover damages. Speak with a trusted Midland medical malpractice lawyer today to explore your legal options. With the right representation, you can pursue the justice and compensation you deserve while holding negligent medical professionals accountable.
