Texas Medical Malpractice Attorneys
When medical professionals fail to meet the accepted standards of care and injure their patients somehow, they can be held liable for their actions. If you or a loved one has suffered harm or the loss of a family member due to medical negligence in Texas, you should pursue legal action against the at-fault party.
At Amanda Demanda Injury Lawyers, we understand the pain and suffering that can result from medical malpractice. Our dedicated Texas medical negligence attorneys have tirelessly fought for countless victims, ensuring they receive the justice they deserve. We hold negligent medical professionals accountable for their mistakes, negligence, or willful conduct because we care about your well-being and that of our loved ones who might one day be in the same position.
Contact our Texas healthcare negligence law firm immediately if you suspect your medical provider has wronged you. We offer a free consultation for medical malpractice victims. Here is what you should know about medical malpractice and how our dedicated malpractice lawyers can help you out.
Malpractice Laws and Factors Affecting a Claim
If you want to pursue a medical malpractice claim, you must be aware of several laws and specific factors that will impact your claim. Here is what you should consider.
Breach of the Standard of Care
To have a valid medical malpractice claim, a victim must demonstrate that the medical professional or institution breached the recognized standard of care. This means that it must be showcased that the healthcare providers failed to provide treatment that meets professional norms.
Victims can do this in various ways. At Amanda Demanda Injury Lawyers, we work alongside various healthcare professionals who can give expert testimony regarding the procedures you underwent and how they were supposed to be carried out, highlighting if the standard of care was breached.
Causation
Another important aspect of a valid medical malpractice claim is establishing that the medical professional’s negligence or intentional actions directly caused the victim’s injuries.
This requires a causal link between the healthcare provider’s actions or lack thereof and the harm suffered by the victim, which can be proven through expert testimony and other forms of evidence, as mentioned earlier.
Informed Consent
Not all medical malpractice cases are straightforward, especially regarding informed consent. For example, you may be a victim of medical malpractice if the healthcare provider fails to inform you of the risks and potential alternatives associated with a procedure or treatment.
Complexity of Evidence
Medical malpractice cases often require complex medical evidence to establish negligence. Our Texas medical malpractice lawyers will diligently work with medical experts to review medical records and provide testimonies on your behalf.
Medical Professional’s Defense
When you sue a healthcare provider, they will use all their resources and be helped by their insurance companies to defend against claims. The most often invoked defenses in such cases are either that they did provide the accepted standard of care or that your injuries were not a direct result of their negligence.
Regardless of what legal strategies and tactics they may employ, our established medical malpractice trial lawyers will counter any defenses and present a compelling case on your behalf.
Personal Injury Laws in Medical Malpractice Cases
Medical malpractice cases are subject to the same personal injury laws that govern other situations in which individuals are hurt due to the negligence or wrongful actions of another.
One fundamental law you should consider when pursuing a claim is the state’s statute of limitations. In Texas, you have only two years from the date you discover the negligent act to file a medical malpractice case.
Another crucial rule when filing medical malpractice claims in Texas is that a medical expert must outline the standard of care that should have been provided to you, describe how it was breached, and submit it to the court within 120 days of filing a medical malpractice lawsuit.
If the qualified medical expert does not do this, your case will be dismissed, and you will not be able to pursue it again. In medical malpractice cases, you can pursue compensation for economic and non-economic damages such as medical expenses, pain and suffering, loss of enjoyment of life, or emotional distress.
However, Texas has a cap on damages for non-economic damages such as pain and suffering. You cannot recover more than $250,000 in damages from a medical provider or $500,000 from a hospital through your non-economic damages.
However, if the circumstances of your case allow it and the healthcare provider was particularly intentional or egregious in their actions, you can also pursue punitive damages to punish the provider and deter similar conduct.
A medical malpractice victim in Texas can recover punitive damages of up to $200,000 with sufficient evidence. In some instances, it is twice the amount of your economic and non-economic damages, or up to $750,000. The amount here is also limited since Texas also has a cap on punitive damages.
How Our Dedicated Texas Medical Malpractice Lawyers Can Help
At Amanda Demanda Injury Lawyers, our dedicated medical malpractice lawyers are ready to take on any healthcare provider or institution that fails to provide the standard of care to vulnerable citizens.
We understand the legal complexities surrounding medical malpractice cases and can guide you throughout the legal proceedings. We will vigorously investigate the circumstances surrounding your case, gather evidence from medical reports, consult with medical experts, and identify all the aspects of negligence or willful, malicious actions or medical errors that you were exposed to.
Building a strong medical malpractice case lies in the ability to prove that the medical professional or institution breached their duty of care, acted negligently, and caused injuries to their patients.
Our dedicated lawyers will assess the full extent of your injuries and highlight your damages and other losses so that you can seek fair compensation for the harm you have suffered. If the at-fault parties do not agree to a fair settlement, our medical malpractice trial lawyers will take the necessary steps to strengthen your case further and hold you liable.
As we work on a contingency fee basis, you won’t have to pay anything unless we win. Help combat medical malpractice by holding the responsible parties liable and pursuing a claim. Contact our law office in Texas and let our seasoned medical malpractice lawyers analyze your case through a free consultation today.
Abogados para Latinos - At Amanda Demanda Injury Lawyers, we understand the importance of having legal representation that speaks your language and understands your culture. That’s why we have a dedicated team of native Spanish-speaking attorneys and staff who are ready to assist you. We are proud to serve Miami's vibrant Hispanic community, offering compassionate and culturally sensitive legal services in both English and Spanish. Whether you're more comfortable speaking Spanish or simply want a Spanish-fluent lawyer who understands the unique challenges faced by Latinos, our team is here to provide you with the support and expertise you need to navigate the legal system with confidence.
