Dallas Medical Malpractice Lawyer
If You've Suffered an Injury or the Death of a Loved One Because of Medical Malpractice, You May be Allowed to File a Claim or Lawsuit
The Dallas medical malpractice lawyers of Grossman Law Offices have been pursuing medical malpractice claims since 1990. We feel it is import for any prospective medical malpractice client to understand all of the steps involved with pursuing a doctor, hospital, nurse, or any other hospital provider for improper care.
How Does a Medical Malpractice Case Work?
We expect doctors to provide a reasonable degree of care when practicing medicine, but not every doctor follows the ethical or legal standards that he is required, by law, to adhere to. In some instances a doctor will commit a minor infraction and will coincidentally cause harm to someone. In other instances they will make a serious mistake or overlook something obvious and cause injury or harm to someone. The purpose of state medical malpractice laws are to hold doctors accountable for the harm they cause when they deviate from the standards of medical practice.
In order to file a lawsuit against a physician these typical step need to occur:
- You sustain some injury or harm.
- You recognize that the injury was likely caused by some act or omission from your doctor or other medical staff.
- You will need to consult with a Dallas medical malpractice lawyer who will rely on their experience to help you determine if medical malpractice has indeed occurred.
After your attorney listens to the facts of your case, and determines that the doctor committed medical malpractice by major error or oversight he or she will consider the following 3 questions:
- Can you prove the harm was caused by a medical provider.
- Was the harm that was caused permissible.
- Is your injury significant enough to justify legal action.
Proof Required to Substantiate a Medical Malpractice Action
In order to have a winning medical malpractice case, you need to be able to prove the allegations against the doctor. The proof that is required by the court generally consists of physical evidences, like medical records or other scientific analysis. Under Texas Law, you are also required to furnish an expert's report in which a physician testifies about the facts and circumstances of the case and determines the medical probability of harm and gives it to the court. The burden of proof is stringent and can make or break the case.
Injuries related to the practice of medicine are distinct from other personal injury cases due to the fact that doctors sometimes must inflict harm on their patients. Every time you undergo surgery, you will be cut open and deal with the pain of recovery, but it is not reasonable to blame the doctor by default.
Furthermore medicine is an imperfect science where not all disease or ailments are properly identified based on the doctor's intuition alone. In other words, sometimes doctors inflict harm on patients as a matter of course and sometimes they make mistakes due to the fact that medicine is complicated.
Therefore, a medical malpractice case is not simply a matter of showing a doctor caused harm or made a mistake, you must show that the doctor caused an undue amount or harm or made a mistake because of deviation from normally accepted medical practices. For instance imagine you go to the doctor complaining of some symptoms and the doctor ultimately concludes that you have xyz disease, but it is later reveled you have abc disease. As a consequence of misdiagnosis, you have prolonged pain and suffering because the condition was not identified and treated soon enough. Under these circumstances the doctor has not necessarily committed medical malpractice even though he made a mistake.
Essentially not all problems are readily identifiable and so long as the doctor did not deviate form normal practice, what another doctor would have done, he has not committed medical malpractice and the case would be baseless. However, if he ignored significant symptoms and did not follow normal medical practices, then you did receive harm because of the doctor's medical malpractice.
Make no mistake, medical malpractice cases can be costly endeavors under the right circumstances. Due to the relatively new changes in state laws, plaintiffs must furnish the court with evidence and documentation not required in other types of cases and all the material comes at a cost. Additionally, despite our best efforts to make our fees as reasonable as possible, legal fees are part of the equation and need to be considered.
Taken as a whole, it is not economically feasible to justify some clients' medical malpractice cases because the reward may be outweighed by the cost of doing business. As a general rule of thumb, if a doctor's mistake caused relatively minor harm to you, it is not in your best interest to pursue a claim. Factors such as tort reform have made it so that only if you have received a significant injury does it generally make sense for the injured party to pursue a claim under a medical malpractice cause of action in Texas.
What You Stand to Gain
Despite the above disclaimer like material, there are still many instances where doctors commit obvious errors and caused significant damage. Our firm has helped a lot of people in this type of situation. If you have been harmed in this action Texas law allows you to purse a claim for the following damages:
- Compensation for loss of income
- Compensation for loss of enjoyment of life
- Reimbursement for medical expenses
- Pre and post judgment interest
- And several other types of compensation
Medical malpractice cases can be a very complex to go through. You need an experienced and skilled lawyer to help you determine your rights under the law and to fight to get you what you deserve. Our attorneys at Grossman Law Offices have over twenty years of experience and have dealt with countless medical malpractice cases. We have the experience and proven track record to get you the compensation that you deserve. Call one of our lawyers today for a free consultation at 1-855-326-0000.
Below is a Sample of Our Recent Successful Verdicts & Settlements