The Medical Malpractice Claim Process
How to File a Medical Malpractice Claim and/or Lawsuit in the State of Texas
Chances are you've reached this article in an attempt to answer questions regarding recovering compensation for your injuries through a medical malpractice claim. Before beginning our discussion of how medical malpractice claims are filed and litigated, it's important to note that no two medical malpractice claims are exactly the same. Thus, in order to determine how the medical malpractice claims process will apply to your particular case, you should have the facts of your case examined by an experienced medical malpractice attorney like ours at Grossman Law Offices.
What is a Medical Malpractice Claim?
Before discussing how medical malpractice claims work, it's important that you first understand the requirements of filing a claim. Namely, you should understand that Texas' medical malpractice laws generally allow patients injured by a medical professional's violation of their processional standard of care to recover compensation if they can prove the following points:
That the medical professional had a duty to perform their duties with a certain level of professionalism and care;
Their injuries were caused as a result of the medical professional's deviation from their standard of care; and
The types of injuries they suffered were a foreseeable consequence result of the defendant's breach of their standard of care.
What is the Process of Filing and Litigating a Medical Malpractice Claim?
The first, and most important, step in achieving your goal of recovering compensation for your injuries in a medical malpractice case is to choose an experienced Dallas medical malpractice attorney. Ideally, your attorney will have successfully represented other medical malpractice victims whose injuries are the same or similar to yours. Our experienced Dallas medical malpractice attorneys at Grossman Law Offices have successfully represented medical malpractice victims who have suffered minor and major injuries alike for over twenty years, and likely have the experience, knowledge, and resources necessary to win cases that other firms lack.
The second step in recovering compensation for the injuries you've suffered as a result of a medical professional's malpractice is to quantify your damages. In other words, before you can determine the dollar figure the defendant owes you, you must first determine what that dollar figure is. Generally, our firm enlists the assistance of our extensive network of independent medical professionals who are not only able to calculate your current and future medical expenses, but are able to testify on your behalf in proving the existence and severity of your injuries.
Thirdly, our attorneys will send a demand packet to the defendant and their insurance provider, to initiate the formal malpractice claim process. Our demand packets are generally comprised of our legal position, an explanation of the severity of your injuries, the law that favors our demand, and an outline of the legal steps our firm will take if your demands aren't met. Ultimately, our demand packets are designed to get the attention of the defendant and their insurance company by showing them in no uncertain terms that we're serious about getting our clients the compensation they deserve.
However, our attorneys almost always have to file suit on behalf of our clients in medical malpractice cases because medical malpractice defendants are usually unwilling to settle. In addition to protecting their professional reputations, medical professionals are highly motivated to totally deny liability for their actions for two reasons: (1) to avoid reporting settlements to the National Practitioner Data Bank ("NPDB"), a national clearinghouse created by Congress to reduce fraud, improve health care quality, and to protect the general public, and (2) to prevent their insurance premiums from increasing.
You can rest assured that if your case must go to trial, our attorneys have the experience in the courtroom necessary to win your case. Through their 20 years of litigation experience, our attorneys have developed the skill necessary to persuasively portray your case in a manner that will make the jury and the court truly understand the gravity of your injuries.
You Need an Experienced Dallas Medical Malpractice Attorney on Your Side to Best Ensure that You're Fully Compensated For Your Injuries
As you have likely already concluded, recovering full compensation for the injuries you've suffered as a result of a medical professional's violation of their professional duty of care necessitates retaining an experienced medical malpractice attorney. Our attorneys have represented DFW's medical malpractice victims for over 20 years, and as a result, have developed the skills, resources, and techniques necessary to win Dallas' most complex medical malpractice cases.
If you would like further information regarding how our firm might be able to help you through the medical malpractice claim process, our attorneys invite you to give them a call anytime, day or night, for a free consultation at 1-855-326-0000.
Below is a Sample of Our Recent Successful Verdicts & Settlements