TX Medical Malpractice Claims Process
Thinking of Bringing a Medical Malpractice Lawsuit? Let Us Help You File a Claim
If you are considering filing a medical malpractice claim without the help of an experienced Dallas medical malpractice lawyer, you should make sure you thoroughly understand the complexity of these types of cases. If there is any type of lawsuit that is virtually impossible for someone without legal experience to win, it is medical malpractice.
The claims process typically goes like this: a patient feels that he or she has been injured due to a doctor's negligence. The plaintiff then seeks out the opinion of another doctor. This other doctor would then tell the plaintiff whether or not the defendant's actions were negligent or not. If the second doctor feels that the defendant did not meet a reasonable physician standard, then the plaintiff would contact the defendant's insurance company to file a claim.
Unfortunately, the laws surrounding medical malpractice are very much in favor of the doctor and his or her insurance company. Over the past years, legislators felt that doctors were too vulnerable to medical malpractice lawsuits, so they issued a number of tort reforms that have established strict conditions which must be met in order for a doctor to be held liable for a patient's injuries. If you do not present your claim to the doctor's insurance company in such a way that the nuances of these conditions are met in full, you have no chance of success.
Furthermore, it can be very difficult to secure any money from these cases. Due to the tort reform, there is a cap on general damages that can be recovered in a medical malpractice case. General damages account for pain and suffering of the patient, disfigurement, and other things of that nature. These damages are typically seen as the reward money. But there is a $250,000 cap on general damages.
Special damages (which cover past and future medical expenses, lost wages, etc.) have no cap, but this money is already accounted for. Special damages awarded as medical expenses go straight to the doctor (with few exceptions) and special damages awarded as lost wages just help you break even after missing work. As you can see, even when the total settlement of a medical malpractice claim is in the seven digits, it is often the case that the victim sees very little of that money.
If you feel you have been the victim of a doctor's negligence, you need the help of an experienced attorney. Fortunately, our attorneys have been working with medical malpractice victims for twenty years. We know how to work with the restructured laws and we know how to secure the most money possible for our clients' compensation. If you have been injured by the negligence of a medical professional, contact the Dallas medical malpractice attorneys at Grossman Law Offices and let us help you get the compensation you deserve.
What are special damages?
Is there a cap on compensation?
$41,000.00
$13,666.00
$135.00
$40,000.00
$13,333.00
$50.00
$100,000.00
$37,272.00
$1,730.00
$70,000.00
$28,000.00
$313.00
$25,000.00
$8,250.00
$100.00
$350,000.00
$100,000.00
$100.00
$75,000.00
$25,000.00
$350.00
$50,000.00
$20,000.00
$348.00
$70,000.00
$23,100.00
$600.00
$226,000.00
$84,000.00
$5,500.00